The introduction of the new regime under the Land Registration Act 2002 has had far-reaching consequences not least in the murky field of adverse possession. The changes have made claiming “squatter’s rights” a much more tricky task and those thinking of applying for adverse possession are likely to find that success is not all plain sailing.

Unregistered Land

If the land being occupied is unregistered, the rules remain unchanged meaning that, subject to the following conditions being met, a claimant can apply to be registered as the proprietor at H.M Land Registry:-

• The land must have been occupied for 12 years or more
• The occupation of the land must be without the true owner’s consent
• The claimant must have intended to occupy the land contrary to the owner’s interest

Registered Land

Transitional Rules

Where the land in question is registered and the Claimant can demonstrate adverse possession for 12 years prior to 13th October 2003, the transitional rules will apply and he may apply to be registered as owner of that title.

New Rules

Under the new rules, a claimant must be able to establish a minimum of 10 years occupation of registered land before he can apply to H.M Land Registry.

Once an application has been made to H.M Land Registry a notice will be sent to the registered owner who then has the opportunity to respond.  The best advice for owners of registered land to ensure periodically that H.M Land Registry has correct address details to allow the service of notices upon them.

Should the Claimant’s original application fail, the new rules provide that a further application can be made after 2 further years have elapsed.

The new rules put the onus on the owner of land to take positive action once the first application has been made and will serve to make life more difficult for squatters. However, this is not sufficient to protect landowners and the best advice is for those who own unregistered land to apply for voluntary registration at H.M Land Registry. This is a relatively cost-effective method of safeguarding a landowner’s interest and ensures that he receives notification of any claims against his title.

It is also advisable for landowners to regularly inspect any land which they do not occupy to ensure that it is free from squatters. If however, an adverse possession claim is made against your land it is imperative that the appropriate counter-notice is served and positive action is taken to reclaim the land.  Timely legal advice is therefore essential.

The changes to the law clearly make it ever more important to instruct a specialist Solicitor to ensure that you receive accurate guidance whether as a claimant or the owner of registered land. At Milne Moser, our Property Team has many years of experience in dealing with all aspects of property law including advising claimants in adverse possession actions as well as protecting owners by registering land voluntarily. Additionally, all our property experts are fully-qualified Solicitors assuring you of first-class service. Speak to a member of the team today and ensure that you don’t lose sleep over losing your land.

Ian Jenkinson 

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