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GLOSSARY

Adverse possession definition

/ˈadvəːs/ /pəˈzɛʃ(ə)n/

Published by a LexisNexis Property expert

What does Adverse possession mean?

The means of acquiring title to land by long possession.

By taking and maintaining possession of land without the permission of the original owner, ownership of the land can be acquired. In unregistered land, twelve years' adverse possession is required. In registered land, adverse possession is provided for by Schedule 6 of the Land Registration Act 2002.

Property

The means of acquiring title to land by long possession.

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Adverse possession and leases

This is one of four Lexis®PSL Practice Notes on adverse possession. The others are:•Establishing adverse possession of land•Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925•Claiming title by adverse possession under the Land Registration Act 2002Adverse possession of the demised premises by a squatterThe tenant’s positionA squatter will extinguish a tenant’s title to the demised premises if the squatter can show adverse possession for an uninterrupted period of at least twelve years:•at any time (where the lease is unregistered), or•before 13 October 2003 (where the lease is registered)As a result, the squatter will be entitled to apply to be registered as the proprietor. For further information, with particular reference to the position where the lease is unregistered, see HM Land Registry Practice Guide 5, para 7.1.In the case of an unregistered lease, the relevant provisions are the Limitation Act 1980 (LA 1980) ss 15, 17 and Sch 1. In the case of a registered lease where the squatter can show adverse possession for...

Statutory user rights—sharing of space by councils

Statutory user rights—sharing of space by councils Statutory user rights—background Statutory user rights arose to assist local councils after the 1974 reorganisation of local government. Before the reorganisation, there were many urban district (or borough) councils (UDCs) in non-metropolitan England and Wales operating from substantial town hall buildings. Under the Local Government Act 1972 (LGA 1972), all UDCs were abolished. They were very often replaced by much larger district councils operating under ongoing but substantially changed county councils. However, some functions, most notably the provision of parks, recreation grounds and allotments, were allocated to a new parish council covering exactly the same area as the former UDC. Many of these new urban parish councils acquired the status of a town council. Since most of the functions of the former UDC transferred to the new district council, the old town halls were transferred to the new district councils but the new town councils retained statutory user rights, so that, for example, the new town clerk would have an...

Discover our 22 Practice Notes on Adverse possession

Statutory declaration in support of a further application under the Land Registration Act 2002, Sch 6 made two or more years after an initial application has been cancelled

Statutory declaration in support of a further application under the Land Registration Act 2002, Sch 6 made two or more years after an initial application has been cancelled I, [name] of [address], do solemnly and sincerely declare that: 1 On [date] I [and my [wife OR husband OR [other]] ] lodged at HM Land Registry an application to be registered as proprietor of the land ('the Blue Land') edged blue on the plan (now produced and shown to me and marked '1') attached to this declaration ('the Plan'). The freehold estate in the Blue Land is registered, together with that of other land, under title [title number of neighbouring property] of which the registered proprietors are [name(s) of owner(s) of neighbouring property] (‘[define by name, eg 'Mr (and Mrs) Smith’]’). 2 As a result of that application, HM Land Registry issued notices to a number of people, including [Mr (and Mrs) Smith], and [Mr (and Mrs) Smith] responded to the notices issued to them by requiring...

Statutory declaration — adverse possession pre-Land Registration Act 2002

Statutory declaration — adverse possession pre-Land Registration Act 2002 I, [name], of [address], do solemnly and sincerely declare that: 1 As the result of a transfer dated [date] made between (1) [name of seller] and (2) myself [and my [wife OR husband OR [other]] ], [I OR we] acquired the freehold land ('the Red Land') registered under title number [title number of declarant’s property] shown [edged OR coloured OR hatched] red on the plan (now produced and shown to me and marked ‘1') attached to this declaration ('the Plan'). The Red Land comprises the house and garden situated at [address or other description]. On the day of completion of the transfer, [I OR we] entered into possession of the Red Land and have been in continuous possession of it ever since. Shortly after completion, [my OR our] solicitors also applied for [me OR us] to be registered as proprietor[s] of the Red Land and that registration was completed on [date]....

Dive into our 4 Precedents related to Adverse possession

A tenant has been in occupation of unregistered land outside of their demise. Assuming that this additional land is deemed to be included within the demise, who would make the application for first registration on the basis of adverse possession—the tenant or the landlord?

A tenant has been in occupation of unregistered land outside of their demise. Assuming that this additional land is deemed to be included within the demise, who would make the application for first registration on the basis of adverse possession—the tenant or the landlord? For the purpose of this Q&A we have assumed that: • the enclosed land is not tenanted • the demised land of the tenant is registered • the lease has more than seven years left to run • the land is very close to the demised premises occupied by the tenant together with the demised land • no different intention is shown by the conduct of the landlord or the tenant

A was in adverse possession of land from 2002, and sold it to B in 2023. When B purchased the land, they knew it was not in A's registered title. Is this an issue under the new adverse possession rules, if B is required to satisfy one of the 'three conditions'?

A was in adverse possession of land from 2002, and sold it to B in 2023. When B purchased the land, they knew it was not in A's registered title. Is this an issue under the new adverse possession rules, if B is required to satisfy one of the 'three conditions'? A person wishing to claim title to registered land by adverse possession, and who cannot show 12 years' possession prior to 13 October 2003, may apply if they have completed ten years in possession: para 1 of Schedule 6 to the Land Registration Act 2002 (LRA 2002). The registrar will then serve notice on the registered proprietor, who may either: • consent, or fail to respond, in which case the applicant will be registered, or • serve a counter notice objecting to the application (LRA 2002, s 73(1)) and/or asking for it to be dealt with under LRA 2002, Sch 6, para 5. If the objection is unsuccessful the squatter will be registered as proprietor, but invoking LRA 2002,...

See the 124 Q&As about Adverse possession

Private Client weekly highlights—29 May 2025

This week’s edition of Private Client highlights includes: (1) the necessity of a DOLs order where all parties with parental responsibility consent (J (through his Children's Guardian) v Bath and North East Somerset Council); (2) the OPG updates Mental Capacity Act 2005 guidance with new contact details; (3) the FTT cautions on time-wasting use of AI while upholding an HMRC discovery assessment (Zzaman v HMRC); (4) a decision on the suitability of summary judgment for a claim concerning the imposition of a secret trust (Lorenz v Caruana); (5) the FTT upholds a transfer of assets abroad charge in respect of receipt of rent-free accommodation (Moran v HMRC); (6) the Master of the Rolls delivers a speech on AI and Article 6 ECHR; and (7) a free webinar: Court of Protection update.

Property Disputes weekly highlights—29 May 2025

This week's edition of Property Disputes weekly highlights includes: High Court decisions that a landlord is not entitled to recover insurance rent corresponding to commission rebates, mortgage rights in the context of the doctrine of marshalling in a sale of land dispute, granting an injunction renewal against unauthorised encampments, granting injunctive relief to restrain unlawful protests and guidance on third party rights in the context of section 1 of the Contracts (Rights of Third Parties) Act 1999. It also includes a Court of Appeal judgment concerning the scope of an agricultural exemption from business rates for buildings used for packaging eggs, and an Upper Tribunal decision concerning modification of a restrictive covenant.

Read the latest 14 News articles on Adverse possession