What is Adverse Possession and How Does it Work?

Adverse possession is a legal concept, defined in law where someone may be able to claim legal ownership of land just by occupying it in some cases. It's a complex process with years of history, tracing back to medieval England. Here, we explain the meaning of adverse possession, how it is defined and how it works in England and Wales.

Article updated: July 2026

Adverse Possession Meaning

the open and exclusive occupation and use of someone else's real property without permission of the owner continuously for a period of years prescribed by law, thereafter giving title to the occupier-user.

source: dictionary.com

HM Land Registry's adverse possession guidance explains how the process works for registered land in England and Wales.

Simply put, adverse possession describes a legal concept where someone who does not have legal title to land and who did not buy it can become its legal owner.

They do this by possessing it for a long enough period to override the interests of the original owner.

Although it is not that simple that you can simply squat and control land or a building. Squatters do have some rights, however squatting in a residential property is indeed illegal, as the government's squatting guidance sets out.

The rules are different for registered and unregistered land.

It is a complex part of property law in England and Wales and if you have a genuine claim for land that you have been in occupation of, then engaging with a suitably experienced conveyancer is recommended. It is not easy to piece together conveyancing step by step without experience.

Claiming Land by Adverse Possession Examples

There are a range of scenarios that can occur that can give someone the potential of claiming land by adverse possession, including some examples:

• Boundary encroachment
• Dealing with unoccupied land and maintaining it
• Occupying an abandoned building

Registered and Unregistered Land

Whether land is registered or unregistered changes how adverse possession works, because the law is different for each. The Land Registration Act 2002 changed how adverse possession applied from October 2003.

So what is meant by registered or unregistered land?

In England and Wales, all land is owned by someone even if the legal owner can't be identified, as the HM Land Registry blog explains.

For a number of years, the government has been pushing to digitise all land and property ownership across the country. Today, when any land is bought or sold, it has to be registered.

According to the Who Owns England project, it wasn't until 1990 that all land needed to be registered as a compulsory requirement (and 1998 for inherited property). Reasons for registration now include:

• land sold for the first time (as a new property)
• a property being mortgaged
• land or property that has been inherited
• or a previously unregistered property or plot of land that is sold

This land and property is then registered at HM Land Registry.

There isn't a public, centrally documented map of all registered land (and owners) in the UK. If you know the title of the property or address you can find the details at the HM Land Registry search.

For unregistered land, Anna Powell-Smith has produced an impressive map: see her unregistered land map.

How to Claim Adverse Possession

Adverse possession is claimed through an application to HM Land Registry, not the courts, once you have possessed the land for long enough. How long that is depends on whether the land is registered:

• Registered land - a claim becomes possible after 10 years' adverse possession; the detail is in HM Land Registry practice guide 4.
• Unregistered land - a claim becomes possible after 12 years; the detail is in HM Land Registry practice guide 5.

Note: It is highly advisable to take expert legal advice before considering a claim for adverse possession.

Not quite an adverse possession act, but there are a range of guides published by HM Land Registry that outline the process and requirements, think of it like adverse possession rules, including:

• Practice guide 4: adverse possession of registered land
• HM Land Registry practice guide 5 (adverse possession of unregistered land)

A person may apply for what is known as possessory title after possessing some land for a specified period.

For unregistered land, the usual period is 12 years.

Whilst this maybe the case for some situations this timeline is extended to 30 years for the crown.

There is a lot of nuance and detail here, so a successful claim really relies on understanding the history and the law for your specific situation.

An application for adverse possession is made to register a person in adverse possession using form ADV1.

HM Land Registry will check to ensure the legal requirements are being met. Generally, the applicant must show what is known as factual possession, that they are an exclusive possessor, and that they are using the land with a commitment to carry on doing so.

If the land is registered, then HM Land Registry will inform the registered owner and any other interested parties (for example, a mortgagee) that an application for adverse possession has been made. These parties will then be entitled to object.

How to Defend Yourself from an Adverse Possession Claim

A registered owner can defend a claim by objecting once HM Land Registry sends notice of it. The applicant still has to pass the legal tests for possession. If someone squats in your house, the law is different. It is illegal when someone has entered your house without permission.

Every case is different, so if someone has taken possession of land you own or believe you own without permission, legal advice is the safest starting point.

Reporting it to the police is another option, especially for a house or flat, because squatting in a residential property is illegal. Forcibly evicting someone who has taken possession of your land without legal advice can create legal risk, as in some cases you could also be breaking the law.

How to Prevent and Stop Adverse Possession

There are steps you can take to stop someone building up a valid adverse possession claim, or to make a claim easier to defeat. For land you own in England and Wales, or an empty property you are worried someone could claim, these five things help:

• Property registered with HM Land Registry is easier to protect. This includes property you have bought, inherited or been given.
• If you own unregistered land, registration helps protect your ownership position.
• HM Land Registry also needs up-to-date contact details and a current correspondence address. If you move house, the register can be updated.
• Check that the property you believe you own is the same title number and deed that is registered with HM Land Registry.
• It is paramount that any land you own is secured and maintained on your behalf if you are personally not actually using it or visiting it regularly.

If indeed you do have an empty property and the reason it is kept empty is due to financial constraints, there are other options to help bring the property back into use. Depending on your location, there are a number of empty home grants available from local councils that focus on derelict and run-down buildings to help bring these properties back into use. If letting your empty property is how you plan to bring it back into use, our guide on is buy-to-let still worth it sets out the costs and returns of being a landlord.

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