Trespass and adverse possession

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Most recent Trespass and adverse possession content

Q&As

Does a senior person signing the statement of truth in support of an adverse possession claim need to have personal knowledge of occupation of the property for the entire ten-year period? If the senior person has held their post for a few years, but manages a team that has managed the site for several decades, and notes this position in the statement, will this be sufficient for adverse possession claims?

Adverse possession (often colloquially referred to as ‘squatters’ rights) was until 2003 a common law doctrine that enabled a person who had been in...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 27th Jan

Q&As

Can a landlord recover possession (on health and safety grounds or otherwise) of a residential building (comprising one assured shorthold tenancy (AST) flat and the remaining flats are occupied by squatters) where it has fallen into severe disrepair (which is not necessarily the fault of the occupiers) and requires repossession to be able to refurbish it?

This question raises the circumstances in which an assured shorthold tenancy (AST) can be brought to an end by the landlord. The landlord has to...

22nd Jan

Q&As

Can a discharged bankrupt (B) make an application for adverse possession of land where: B was once the registered proprietor of the land but his interest in the land was disclaimed by his Trustee in Bankruptcy during his bankruptcy, and B has remained in occupation of the land since the disclaimer for over ten years?

BankruptcyWhile this Q&A mentions both undischarged and discharged bankrupt, we have focused on ‘discharged’. We have also assumed that this Q&A is...

22nd Jan

Q&As

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...

Produced in partnership with Carl Fain of Tanfield Chambers 22nd Jan

Q&As

If a landlord re-enters a property following a final possession order to evict squatters and some possessions have been left in the property, is the landlord an involuntary bailee of the possessions? What should the landlord do if the squatters break back in?

This Q&A covers the situation where there was no landlord and tenant relationship with the former occupiers of the property (ie that they were...

Produced in partnership with Kate Andrews of Hamlins 22nd Jan

Q&As

A university is having problems with an individual entering campus buildings without permission and who is suspected to be stealing items. The matter has been reported to police but nothing is being progressed. The university would like to consider securing a prohibitory injunction preventing further trespass onto the campus. Is this likely to be successful and should it seek both an interim and final injunction? Would the university need only show that he is entering the campus without permission (ie trespass) or a different underlying cause of action (ie conversion)—taking the stolen items?

This question raises the issue of the right of a landowner to restrict the ability of third persons to enter onto and remain on its land.The...

22nd Jan

Q&As

A period of adverse possession of unregistered land can be brought to an end by a signed, written acknowledgement of the owner’s title. Is it possible to interrupt adverse possession of registered land in the same way?

Since the coming into force of the Land Registration Act 2002 (LRA 2002), the means by which title to land can be acquired by adverse possession...

22nd Jan

Q&As

If a neighbour’s stable door opens onto our client’s property, is that trespass, or is there an implied right to open such a door?

Trespass to land is a tort which includes physically entering or remaining on land in the possession of another or placing an object on or projecting...

Produced in partnership with Emma Preece of Charles Russell Speechlys 22nd Jan

Q&As

We have issued a claim for repossession of residential property and monies owed under a maintenance or agency verbal contract. The defendant is not a tenant nor has he ever been and is therefore trespassing. We wish to apply for summary judgment. Under CPR Part 24.3(2)(a)(ii) we cannot apply for summary judgment if the defendant is a tenant or person holding over after the end of his tenancy whose occupancy is protected within the meaning on the Rent Act 1977 or the Housing Act 1988. Is a trespasser protected within the meaning of Rent Act 1977 or the Housing Act 1988?

A trespasser is not protected under the Rent Act 1977 or Housing Act 1988; the residential statutory protection schemes only applies t...

22nd Jan

Q&As

How can an action for trespass to land be brought and who should be the claimant in such a claim?

The concept of possession is crucial to our system of property law. When considering the entitlement to rights, the search is often for the person who...

22nd Jan

Q&As

Can a declaration of ownership of a piece of land or adverse possession in the alternative be pleaded together?

One of the primary remedies sought by a party wishing to assert ownership of a piece of land is declaratory relief. This is usually brought by way of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

A and B made an oral agreement to transfer land from A to B, B agreeing to fund and erect a fence on the new boundary, however the land was never legally transferred to B. B then sold its land to C. Can C rely on B’s conduct to claim an equity by estoppel in an application for adverse possession? What if A has since sold its land to D?

The Land Registration Act 2002 (LRA 2002) created a new regime in respect of the law of adverse possession in respect of registered land, as set out...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

Is it possible to acquire a residential registered property by adverse possession now that squatting in a residential property is a crime?

On 1 September 2012, section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) made squatting in residential premises...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

What are the issues surrounding a squatter seeking to register common land which is unregistered after a period of adverse possession?

How to claim adverse possession of unregistered landThe provisions of the Limitation Act 1980 continue to apply to the adverse possession of...

22nd Jan

Q&As

Is a squatter entitled to make an adverse possession claim against the freehold proprietor in the event that the head leasehold title on which the land is actually held has since been voluntarily disclaimed by a company in liquidation?

If land is unregistered, L (a freeholder) grants T (tenant) a lease of that land and T is then dispossessed by S (squatter), the 12-year limitation...

Produced in partnership with Desmond Kilcoyne 22nd Jan

Q&As

Would a situation where a tree has been cut down in one garden and left in another neighbour's garden constitute a nuisance? Would damages be the most likely remedy or could the court require the perpetrator to remove the tree?

This Q&A raises the issue of the competing rights of neighbours in the enjoyment of their land. In particular it raises the circumstances in which the...

22nd Jan

Q&As

A landlord has unreasonably withheld consent to an alienation request on the basis of rent arrears which are not owed. The landlord has also unlawfully re-entered the premises and as a result caused significant damage to the tenant’s stock.

It has been assumed for the purposes of this Q&A that the withholding of consent relates to an alienation request (ie a request was to...

22nd Jan

Q&As

A Council owns registered land which is earmarked for future housing development. The occupier of the adjacent property, which is held under a secure tenancy from the Council, claims to have rights over the land as the result of various activities (including storage of chattels). The Council is keen to avoid a potential claim of adverse possession. Are there any steps that a landlord can take to warn off its own secure tenant even though the site sits outside the secure tenancy and even though no notice of a claim for adverse possession has been received?

Where a person has been in factual possession of land owned by another for a specified period and where that person has an intention to possess and...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

What remedies does a landowner have if someone places a structure (eg a shed) on its land without permission? Can the landowner remove the structure if it is not removed on request and recover its costs from the offending party? We do not know in what capacity the offending party has access to the land on which the structure has been placed or whether the land is commercial or residential in nature.

The placing of anything on land belonging to another without permission or some sort of right is a trespass. This would cover the leaning of a ladder...

Produced in partnership with Helen Galley of XXIV Old Buildings 22nd Jan

Q&As

If a squatter has adverse possession of land that is subject to a lease, and makes a successful application for adverse possession, do they become registered owner of the leasehold title to the land and take possession subject to the terms of the lease?

We have assumed that the lease is registered.The Land Registry Practice Guide 4 at paragraph 5.4 states that:'If we do not receive a counter notice...

Produced in partnership with Carl Fain of Tanfield Chambers 22nd Jan