News & Insights

A squatter may sometimes be able to claim ownership of property if certain conditions are met. Also referred to as adverse possession, squatting does not need to be occupation of a whole house, it could be of a small area of land, such as a parking area or part of a garden.

If you are in possession of land or you believe that someone is occupying land belonging to you, it is important to understand squatters’ rights. We look at how it may be possible to claim land under occupation and what steps you can take to prevent this from happening.

What is adverse possession?

Adverse possession is factual possession of land that not does belong to you. If you satisfy certain criteria, you may be entitled to apply to the Land Registry to have the land registered in your name.

You will need to show that:

• You or your predecessor were in adverse possession of the land for at least ten years; or
• You were evicted by the registered proprietor no more than six months before the date of your application, the eviction was not pursuant to a judgment for possession and on the day before the eviction you had been in adverse possession of the land for at least ten years

This possession needs to be continuous and uninterrupted. It must also be:

• Factual possession
• Open and exclusive
• With the intention to possess
• Without the landowner’s consent

Factual possession

Factual possession of land has been defined as a single and exclusive possession. It involves a degree of physical control and the person in occupation will broadly have been dealing with the land as if they were the owner.

If the person in occupation has fenced the land, this can be strong evidence of factual possession.

Open and exclusive

The adverse possession must be open, obvious and carried out without secrecy. The occupier’s possession should be exclusive, eliminating any other individuals, including the owner.

Intention to possess

The occupier must also show that they had the intention to possess the land. This may be shown from their factual possession. If it is not, then they will need to provide evidence that they have not merely trespassed on the land but that they have dispossessed the owner.

If an individual uses a strip of land to access their home, this is not generally enough to show an intention to possess. In some circumstances, they may be entitled to claim an easement, or the right to use the access, but this is not the same as adverse possession.

Lack of consent

The possession of the land must be without the consent of the owner in order for it to be classed as adverse. If the owner has permitted the possession to take place, then it is not adverse.

Claiming adverse possession

If you are able to establish that you satisfy all of the criteria, you can serve a notice on the landowner advising them that you intend to claim adverse possession. It is open to them to contest your claim.