What Is Adverse Possession of Property?

Adverse possession is something most people only come across when it becomes a problem, like a neighbour questioning the line of a boundary. It can be serious enough to delay the sale of a property and might even lead to the land in question changing hands.

Adverse possession can allow someone to claim land they don’t legally own if they’ve used it openly and without permission for many years.

It’s far from rare, too, which is why the HM Land Registry is home to a staggering 27 million ownership titles. Many of these include details about boundaries and access that show how land is divided across neighbouring properties.

If you’re a homeowner, it matters because it can cause real disruption and disputes by muddying the waters when it comes to proving you own your house and the land it’s sitting on.

What is adverse possession of property?

Adverse possession can rear its head when someone’s used land as if they own it for years, even though they legally don't. The person using it hasn’t hidden what they’re doing, and the owner hasn’t stepped in to stop it. If that carries on for long enough, the law can recognise the user as the owner.

Put simply, it’s about land that’s been treated as someone’s own, even though the legal title says otherwise. A boundary is assumed, and a small area gets looked after because it’s always been that way.

The issue only comes to light when ownership is finally questioned. For a claim to work, the law looks at how the land has really been used, and the following criteria need to have been met.

• Exclusive possession – the person has controlled the land as if it were theirs
• Open use – the use hasn’t been hidden or secret
• Without consent – the owner hasn’t given permission
• Continuous occupation – the land hasn’t been left unused for long periods
• Enough time has passed – usually 10 years for registered land or 12 for unregistered land, where ownership is often shown through an epitome of title.

That’s why adverse possession usually involves everyday areas like garden boundaries, access paths, shared driveways or narrow strips of land, rather than entire houses or large plots.

Can adverse possession be challenged?

Yes, so it’s never a foregone conclusion. Far from it. In fact, in many cases, a claim only succeeds because it wasn’t challenged at the right time.

If the land is registered and someone applies to claim it, the legal owner is notified. That’s the point where the owner can step in and object. Taking action early often makes all the difference.

A claim can usually be challenged where:

• The owner objects in time – an objection can block the application before it goes any further
• The owner takes steps to regain control – for example, fencing the land off or formally requiring the occupier to leave
• There’s evidence that permission was provided – if the occupier was allowed to use the land, it isn’t adverse possession
• The occupation hasn’t been continuous – long gaps or abandonment can break the claim

Where owners lose out is often through inaction rather than lack of rights. If land use is left unchallenged, especially where boundaries aren’t clear, the law can treat that silence as significant.

That’s why adverse possession disputes often surface during sales or legal checks. By then, time may already be working against the registered owner.

Who can claim adverse possession?

Most claims come from neighbours or adjoining property owners who have quietly absorbed land over a long period of time. Maybe it’s a fence that went up uncontested and stayed there, or a strip of land gets maintained by someone as part of what they think is their garden.

Where claims usually fail is when there’s been no clear or regular pattern of use. As such, cutting across land from time to time or parking on it every now and then does not suffice. Shared use, temporary arrangements, or use that stops and starts rarely meet the standard required.

In short, adverse possession tends to involve people who have treated land as their own in a settled, exclusive way for years, while the legal owner has taken no steps to intervene.

Where and how can I file for adverse possession?

If someone wants to rely on adverse possession, it has to be dealt with formally. There isn’t another route. Claims are handled through HM Land Registry, not by private agreement, so ownership can be clarified and, where possible, confirmed as an absolute title.

The usual steps are:

• An application is made to HM Land Registry
• The land being claimed is clearly shown on a plan
• The applicant explains how they have used the land and for how long
• Evidence is provided, such as photographs, plans or written statements
• HM Land Registry contacts the registered owner
• The owner is given time to object or take action

If the owner objects, the claim will, by and large, stop there. If they don’t, and the conditions are met, the application can continue, often resulting in a possessory title.

Adverse possession can raise questions at the worst possible time, often when a sale, purchase or boundary issue is already ongoing. It can be difficult to know whether it’s something to worry about, but with the right expert conveyancers in your corner, it doesn’t have to be scary.

SAM Conveyancing is here to help you understand where you stand and what the situation means for your property. Our team can look at the details of how the land has been used and explain, in plain terms, what options are available to you.

Our solicitor can submit your application to the Land Registry

Our solicitors can help to ensure your application isn't rejected due to an avoidable mistake.

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