Adverse possession

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This Overview sets out the principal resources which are available within the Adverse Possession sub-topic.

Practice Notes

The law on adverse possession differs depending on whether the land is registered or unregistered, and when the period of adverse possession was completed. There is one regime for all unregistered land as well as registered land where the period of adverse possession was completed before 13 October 2003, and another for registered land where the period of adverse possession was completed on or after 13 October 2003.

Practice Note: Establishing adverse possession of land considers the essential elements to any claim of adverse possession, ie factual possession, intention to possess, and the required period of possession. It also discusses various uses of land which may provide sufficient evidence of factual possession and/or an intention to possess.

Practice Note: Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925 explains when it is possible to claim title by way of adverse possession under the Limitation Act 1980 (LA 1980) or the

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Latest Property News

Interference with rights to light—claimants receive a substantial award based on negotiating damages (Cooper v Ludgate House)

Property Disputes analysis: It is perhaps unsurprising that an injunction was refused in Cooper v Ludgate House where the level of harm caused by loss of light was not at the higher end of the scale and the damage done to the defendant developer and to the public interest (which both parties accepted should be taken into account) would be entirely disproportionate. The High Court confirmed that negotiating damages remained available for the loss of the rights to enforce an easement after the case of One Step (Support) Ltd v Morris-Garner and awarded £500,000 and £350,000 to the claimants respectively. This was very considerably less than the £3-£3.7m that was sought by the claimants, and considerably more than the diminution in value of each property at around £60,000 and £20,000. Consequentials are being addressed in October 2025 and it will be interesting to see the decision on costs and whether either party wishes to appeal. Written by Tiffany Scott KC, barrister at Wilberforce Chambers.

BPF announces formation of Build-to-Rent Alliance

The British Property Federation (BPF) has announced the formation of a Build-to-Rent Alliance in partnership with the Association for Rental Living (ARL). The announcement follows Q2 2025 data showing Build-to-Rent (BTR) completions outpacing starts for the sixth consecutive quarter, while new schemes in planning have decreased by 18% since Q1. This has reduced the year-to-date pipeline of new homes in planning to 5,000. Delays at the Building Safety Regulator (BSR) have also been identified as impacting BTR delivery across England. The Alliance’s initial priorities include advocating for policy and regulatory reforms to improve investor confidence and address current viability and delivery challenges, as well as improving the consumer experience and overall perception of BTR as the preferred housing tenure within the wider private rented sector. This will be supported by the adoption of a new Consumer Code.

Rectification of village green register (Cotham School v Bristol City Council)

Planning analysis: This claim was issued under CPR Part 8 pursuant to section 14(b) of the Commons Registration Act 1965 (CRA 1965) to rectify the village greens register to remove the land used by the school for sports and by the public for recreation. The land was registered contrary to the village green inspector’s recommendation. The claim relied upon six grounds, including statutory incompatibility and the use being contentious and not as of right by reason of signs on the land and statements made by the claimant contesting the unrestricted public use. The judge concluded that the land did not meet the statutory criteria in section 15 of the Commons Act 2006 (CA 2006) and that it would be just in the circumstances to remove the land from the register. Written by Stephen Morgan, barrister at Landmark Chambers Chambers.

Law Commission consults on chancel repair liability and registration reform

The Law Commission has launched a consultation on proposed reforms to the law governing land registration and chancel repair liability (CRL)—an obligation requiring landowners to pay for certain repairs to a local church. The proposals would amend the Land Registration Act 2002 (LRA 2002) to clarify that CRL only affects property buyers if it is registered against the property title. The consultation also explores the current scope of CRL in Wales, which appears to have been considerably reduced by the Welsh Church Act 1914. The consultation closes on 15 November 2025, after which the Law Commission intends to analyse responses and publish final recommendations in 2026.

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