Adverse Possession Solicitors

Squatters Rights Solicitors

Adverse Possession, often referred to as ‘Squatter’s Rights’, is part of UK land law and allows someone to potentially acquire legal ownership of land they do not formally own, provided they have occupied it for a sufficient period of time and meet specific legal requirements. 

It’s important for property owners to understand its implications and it is a concept that can be relevant to disputes due to it having significant consequences for owners and occupiers. 

For landowners it highlights the importance of regularly inspecting and managing land, if you were to ignore boundaries or unused areas this could pose a risk of losing rights over time. 

For occupiers it can provide a pathway to legal certainty where they have used land as if it was their own for many years. For neighbours disputes over fences, driveways, gardens and access is common and can often escalate if a property is sold or redeveloped. 

Lastly, for buyers and developers if there are unresolved adverse possession issues, this can delay transactions or reduce a property’s value.

Arrange a fixed fee dispute advice hour session with one of our Dispute and Litigation Solicitors for experts and clear advice.

How Adverse Possession Works Under UK Law

Below is a brief overview of the steps to apply for adverse possession under UK law.

1. Check if the land is registered by doing an Index Map Search with HM Land Registry. This determines which legal rules apply.
2. Confirm the required possession period – 10 years for registered land, 12 years for unregistered land.
3. Check the legal requirements are met: exclusive control, intention to possess, possession without permission, and continuous possession for the statutory period of either 10 or 12 years.
4. Collect evidence, such as witness statements and statutory declarations including reference to photos, plans, maintenance records and any other potentially relevant evidence.
5. Apply to HM Land Registry – use Form ADV1 for registered land, or Forms FR1 and ST1 for unregistered land, with supporting evidence and a plan.

Common Causes of Squatter Rights Disputes

Issues can escalate quickly, especially where land has been used informally over many years so seeking legal advice early can help clarify your position, preserve evidence and avoid costly mistakes. The following situations we would recommend seeking legal advice:

1. Disputes with potential claimants – This could be if a neighbour, occupier or third party asserts rights over part of your land, refuses to remove fencing, structures or belongings, applies or threatens to apply for adverse possession.
2. Complicated property histories – If land ownership is unclear or historic use is difficult to trace such as longstanding boundary changes, missing or incomplete title deeds, land that’s been passed through families or estates or if properties have been used informally by neighbours over many years.
3. Local restrictions or protected land – Exert extra care if the land is subject to restrictive covenants, within a conservation area, part of agricultural, common or Crown land, or if it’s affected by rights of way or planning restrictions.

Evidence Needed for an Adverse Possession Claim

It’s important to gather supporting evidence to support your claim, this typically includes a statement of truth setting out when possession began, how the land has been used and confirmation it was without permission.

Additional evidence includes photos showing fencing, boundaries, or exclusive use, plans identifying the exact land claimed, maintenance records, invoices, or improvements as well as witness statements e.g neighbours.

Contact Eric Robinson Solicitors

Adverse Possession is complex but brings potentially serious consequences for landowners, occupiers, neighbours, and developers. Whether it arises from long‑standing informal use, unclear boundaries, or unmanaged land, claims often turn on detailed factual evidence and strict legal tests. 

Understanding the legal requirements, the application process, and crucially, how to protect and defend your property can significantly reduce the risk of disputes or loss of land. 

Where issues do arise, early and informed legal advice can help clarify your position and prevent matters from escalating unnecessarily. If you are concerned about an adverse possession claim or a property dispute, our team can help, visit our Residential Property Disputes page to find out more or get in touch with one of our local branches to arrange a dispute advice hour at the following locations: 

• Southampton
• Hedge End
• Chandlers Ford
• Winchester
• Lymington 
• Shoreham-by-Sea
• Marlborough
• Richmond Upon Thames