Adverse possession: What landowners need to know

10th Nov 2025

Author: Daniel Ralphson

Boundaries, access routes and ownership lines are not always as clear as they look on a plan. Over time, land may be used, maintained, or enclosed in a way that no longer matches the legal title. This can create risk if others begin to treat that land as their own. In the right circumstances, however, adverse possession can also offer landowners a practical route to regularise title where long-term use or a historic mapping error has created uncertainty.

Understanding how adverse possession works and when it may apply, helps landowners protect their interests and put right discrepancies before they become disputes. Property Dispute Resolution specialist Daniel Ralphson explains what adverse possession is and how landowners can protect their property from adverse possession claims.

What is adverse possession?

Adverse possession is a legal principle that allows someone who has occupied land without the owner’s consent to apply to be recognised as its legal owner. The rules differ depending on whether the land is registered or unregistered, but the principles are similar:

• The occupier must have exercised exclusive control for a set period.
• They must have acted as an owner would.
• The occupation must have been without permission.

For landowners, this matters in two ways. First, it highlights behaviours by others that can undermine your title if left unchallenged. Second, where occupation and boundaries on the ground have differed from the plan for many years, adverse possession can be part of a positive strategy to align the legal title with reality.

The legal test for adverse possession

For land that is registered at the Land Registry, under Schedule 6 of the Land Registration Act 2002, a person claiming ownership must show:

• Factual possession for at least 10 years – for example, fencing, maintaining, or using the land as an owner would.
• Intention to possess the land as their own.
• Possession without the owner’s consent.
• Exclusive and continuous possession throughout the relevant period.

Case law has refined these tests over time. In practice, clear evidence of long-term control and an intention to possess, together with the absence of consent, is key.

When adverse possession might help a landowner

Adverse possession can assist in tidying up ownership where, for example:

• Historic boundary drift means fences or walls have stood in the same place for decades and on-the-ground use no longer matches the title plan.
• Access strips or verges have been maintained and used exclusively by the landowner for many years.
• Title anomalies after subdivision or development left small parcels outside a conveyance, despite consistent use.

Each case turns on its facts. Early assessment is essential to decide whether adverse possession, a determined boundary application, or another route is the better solution.

Limited exceptions where a claim may still succeed

Even where a registered owner objects, there are narrow circumstances in which a claim can proceed. In broad terms, these include:

• Equitable considerations where it would be clearly unfair to dispossess someone who has relied on the owner’s conduct and acted to their detriment.
• Another clear right to be registered, for example under an agreement or trust.
• Adjacent land and mistaken boundaries, where for a long period a landowner has reasonably believed a small adjoining area formed part of their title, and the legal boundary has not been formally determined.

These exceptions are technical and fact-sensitive. Tailored advice is vital before taking any step.

Why early advice matters

Making or resisting an adverse possession claim is evidence-driven and time-critical. Missing a deadline, failing to preserve proof of long-term use, or granting informal permission without realising it can all weaken your position. Early involvement from our Property Dispute Resolution Team means we can:

• Review your title and historic use.
• Identify the strongest route to regularise or protect your position.
• Gather and preserve the right evidence from the outset.
• Engage with neighbours in a way that reduces the risk of escalation.

Warning signs for landowners

Seek advice promptly if you notice:

• Fences, walls, or gates moved or replaced without agreement.
• Neighbours storing goods, materials, or vehicles on your land.
• Others carrying out maintenance, planting, or mowing on areas you own.
• Overgrown areas being cleared, fenced, or enclosed by someone else.

Practical steps to protect your position

• Walk your boundaries. Inspect at least annually — ideally in spring or after harvest. Look for new fences, gates, or signs of use or maintenance by others.
• Keep boundaries clear and maintained. Repair fences, hedges, and gates promptly to reduce ambiguity about ownership.
• Use signage where appropriate. Simple, polite signs such as “Private land — access by permission only” help avoid misunderstandings.
• Keep accurate records. Retain title plans, historic conveyances and dated photographs of boundaries.
• Record permissions in writing. If anyone uses your land, confirm in writing that the use is by permission and may be withdrawn.
• Watch for changes in use. Storing equipment, mowing, grazing, or parking over time can strengthen a claim if unchallenged.
• Review your title regularly. If the Land Registry plan does not reflect reality on the ground, seek advice on rectification or adverse possession to regularise ownership.
• Seek legal advice early. Early intervention often resolves matters quickly and cost-effectively.

How can Butcher & Barlow help?

In our experience, adverse possession disputes often come to light only once the 10-year period has already passed. By then, the legal owner’s position may be far more difficult to protect. Early action is your best defence. Even a short delay can make the difference between keeping and losing valuable land.

If you are concerned about a potential adverse possession claim, or want to ensure your land is properly protected, our Property Dispute Resolution Team can help. We will assess your situation, explain your options, and act quickly to safeguard your property.

A short conversation now could save you a great deal of time, stress, and cost in the future.

Contact Daniel Ralphson on 01606 334309 or email  dralphson@butcher-barlow.co.uk

 

Frequently asked questions about adverse possession

How long does adverse possession take in the UK?
For registered land, the usual period is 10 years of exclusive possession. For unregistered land, it is generally 12 years. Certain land, such as Crown land, requires longer periods.

Can a neighbour claim part of my garden or field?
Yes, if the legal tests are met. This often arises where boundaries have shifted or where a neighbour has treated part of your land as their own for many years without permission.

How can I stop someone claiming my land?
Inspect boundaries, maintain fencing and gates, record permissions in writing, and act quickly if you notice use without agreement. Taking advice early is the most effective step.

What happens if I object to a claim?
If you object within the time limit, the matter may be referred for independent determination. The outcome will depend on the evidence. Professional advice at the earliest stage gives you the best chance of protecting your title.

 

You may also be interested in our article: Adverse Possession – What you need to know after Brown v Ridley which you can read here.

 

The information in this article was correct at the time of publication. The information is for general guidance only. Laws and regulations may change, and the applicability of legal principles can vary based on individual circumstances. Therefore, this content should not be construed as legal advice. We recommend that you consult with a qualified legal professional to obtain advice tailored to your specific situation. For personalised guidance, please contact us directly.