What is adverse possession?
Sometimes known colloquially as squatters’ rights, adverse possession is a legal concept based on the principle where a person who is not the legal owner of the land can become the legal owner by possessing the land for a specified period.Adverse possession claims
Two schemes apply, depending on whether the land to be adversely possessed is registered at HM Land Registry or unregistered.For a claim to succeed, the claimant (or squatter) must be able to prove they have been in factual possession of the land and demonstrate an intention to possess the land as their own.
1. Factual possession: the claimant must have been in continuous possession of the land for a minimum statutory period, which is 10 years for registered land under the Land Registration Act 2002, and 12 years for unregistered land under the old scheme.
2. Control of the land: the claimant must be able to demonstrate a sufficient degree of exclusive physical control over the area, for example dealing with the land as an owner of the land would deal with it.
3. Continuous possession: the period of adverse occupation must be continuous and uninterrupted.
4. Intention to possess: the claimant must have exclusive control of the land, meaning they must act as if they are the owner, to the exclusion of all others. This could involve acts of equivocal conduct such as fencing the land, cultivating it, or otherwise using it in a manner consistent with ownership.
5. Without permission: the occupation must be without the permission of the legal owner. If the owner has granted a licence or lease over the area of disputed land to the claimant, adverse possession cannot readily occur.
What are the risks for agricultural and rural landowners?
Adverse possession can have significant consequences for agricultural and rural landowners, who are at higher risk of adverse possession claims, due to the nature of their landholdings.Here are several key considerations:
1. Large, unattended parcels: rural landowners often possess large tracts of land, some of which may be remote, difficult to access, or not actively managed. Such areas are more vulnerable to adverse possession claims because actions by squatters may go unnoticed or unchallenged for prolonged periods.
2. Loss of land use and disruption: a successful claim in adverse possession will result in a diminution of the land holding. Whilst a claim is being determined, the inability to use the land claimed may affect farming or other land uses.
3. Increased costs: legal disputes are expensive and can be a costly distraction. If you suspect someone may be about to make an adverse possession claim, we recommend early legal advice is sought to mitigate the costs of a long running dispute.
4. Uncertainty: adverse possession claims create uncertainty, which can complicate land management and planning.
5. Succession and inheritance issues: agricultural land often passes through generations, and there may be periods of uncertainty regarding ownership and exact boundary records. During such times, third parties might take advantage of the lack of clear oversight to occupy and eventually claim ownership of the land.
Preventing adverse possession
You can take several steps to reduce the risk of adverse possession:• Regularly inspect and clearly mark boundaries with signage, fences, and gates.
• Limit permissive use, to avoid the possibility of rights being acquired.
• Address any unauthorised use of land promptly.
• Make sure your family members, agents and employees are aware of property boundaries and the importance of reporting unauthorised use.
• Ensure that any agreements regarding land use are formalised in writing
These actions can all help to protect against squatters acquiring rights over the land and potential claims in adverse possession.
Landowners should also consider registering any unregistered land with HM Land Registry.
Registered land provides more straightforward legal recourse, if an adverse possession claim arises, as the landowner will receive notification of any such claim from HM Land Registry and can act within a specified period.
What to do if you are worried about a potential claim?
This area of law is extremely complex, and a detailed understanding of associated legal doctrine is vital to preventing and defending claims for adverse possession.If you are concerned about an individual, or group of individuals, using your land without your permission, we advise contacting a specialist solicitor in the first instance.
Our agricultural and rural property solicitors can be reached by email at hello@hagenwolf.co.uk or on +44 (0) 330 320 1440, and can provide specialist advise on this complex legal area.
