The concept of adverse possession (sometimes referred to as squatter rights) makes it possible to acquire legal title to a property, despite not purchasing or having it formally transferred to you.
Although “squatting” is a term commonly used, the legal concept and rules behind it are confusing and often misunderstood.
The steps required to be successful in a claim for adverse possession differ depending on whether the land in question is registered or unregistered.
Unregistered land is land that has not yet been registered with the HM Land Registry. Whilst the amount of unregistered land in the country is decreasing, there are still large parcels awaiting registration.
Registered Land
The process of claiming registered land by way of adverse possession is regulated by the Land Registration Act 2002 and requires uninterrupted factual possession for the requisite period with intention.
1. Uninterrupted factual possession…
The first criteria requires you to prove you have enjoyed exclusive physical control of the property during the requisite period. Essentially, you must have been dealing with the land as if you, and you alone, were the legal owner.
2. …for the requisite period…
You must then go on to prove that you have enjoyed uninterrupted factual possession for a period of 10 years (the requisite period). Should the legal owner interrupt your exclusive control of the property, which you then regain at a later date, this interruption will result in the clock being re-set. You must then possess the property for a further 10 years to be successful in a claim of adverse possession.
3. …with intention.
You must intend to possess the land during the requisite period to the exclusion of all others.
It is also possible to adversely possess registered land where possession has been relied upon for a period of 12 years ending before 13 October 2003. This is dealt with under the old scheme which also deals with unregistered land and is explained further below.
Unregistered Land
The rules governing unregistered land are contained within the Limitation Act 1980. In order to be successful with a claim for adverse possession the land must have been within your possession for a period of 12 years. During this 12 year period, you must have enjoyed uninterrupted factual possession for the requisite period with the intention to do so. These requirements are the same as those required for registered land and are broken down above.
The 12 year period begins when the legal owner of the land has discontinued possession and you have taken adverse possession.
The Legal Aid, Sentencing and Punishment of Offenders Act 2012
It is important to point out that squatting in a residential building is a criminal offence under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Curiously, despite this being a criminal offence, it is still possible to be successful in a claim of adverse possession.
If you believe you require any advice in respect of adverse possession, or have any other queries on this topic, please do not hesitate to contact one of our Property Experts who would be happy to assist.
