Adverse Possession - England and Wales

England and Wales

In England and Wales, adverse possession has been governed by the Limitation Act 1980, the Land Registration Act 1925 and the Land Registration Act 2002. Different rules are in place for the limitation periods of adverse possession in unregistered land and registered land.

For unregistered land, the Limitation Act of 1980 states that a squatter must remain in adverse possession for 12 years, at which point the paper owner's title to the land is extinguished.

For registered land, adverse possession claims completed before 13 October 2003 (the date the 2002 Act came into force) are governed by section 75(1) and 75(2) of the Land Registration Act of 1925. The limitation period remains the same (12 years) but instead of the original owner's title to the land being extinguished, the original owner holds the land on trust for the adverse possessor. The adverse possessor can then apply to be the new registered proprietor of the land.

The position of a registered landowner was significantly improved by the Land Registration Act of 2002. Where land is registered, the adverse possessor may apply to be registered as owner after 10 years of adverse possession and the Land Registry must give notice to the true owner of this application. This gives the landowner a statutory period of time to object to the adverse possession, and if they do so the application fails. Otherwise, the squatter becomes the registered properietor according to the land registry. If the true owner is unable to evict the squatter in the two years following the first application, the squatter can apply again after this period and be successful despite the opposition of the owner. The process effectively prevents the removal of a landowner's right to property without his knowledge, while ensuring squatters have a fair way exercising their rights.

Where a tenant adversely possesses land, there is a presumption that he is doing so in a way that will benefit his landlord at the end of his term. If the land does not belong to his landlord, the land will become part of both the tenancy and the reversion. If the land does belong to his landlord, it would seem that it will be gained by the tenant but only for the period of his term.

Since September 2012, squatting in a residential building is a criminal offence.