[Diggers350] Squatters’ Rights: Claiming Unregistered Unused Land As Your Own or ‘Adverse Possession’

[Tony Gosling]

Squatters' Rights: Claiming Unregistered Unused Land As Your Own or 
'Adverse Possession'

https://tlio.org.uk/squatters-rights-claiming-unregistered-unused-land-as-your-own-or-adverse-posession/ 
<https://tlio.org.uk/squatters-rights-claiming-unregistered-unused-land-as-your-own-or-adverse-posession/>10 
March 2023 <https://tlio.org.uk/author/tony/>Tony 
Gosling<https://tlio.org.uk/squatters-rights-claiming-unregistered-unused-land-as-your-own-or-adverse-posession/#respond>Leave 
a comment
REDISTRIBUTE NATURAL WEALTH NOW! How to claim your own land 
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rior to the coming into force of the Land Registration Act 2002, a 
squatter could acquire the right to be registered as proprietor of a 
registered estate if they had been in adverse possession of the land 
for a minimum of 12 years. However, the doctrine of adverse 
possession did not fit easily with the concept of indefeasibility of 
title that underlies the system of land registration. Nor could it be 
justified by the uncertainties as to ownership which can arise where 
land is unregistered; the legal estate is vested in the registered 
proprietor and they are identified in the register.

The Land Registration Act 2002 has created a new regime that applies 
only to registered land. This new regime is set out in Schedule 6 to 
the Act. It makes it more likely that a registered proprietor will be 
able to prevent an application for adverse possession of their land 
being completed. The following paragraphs provide a brief overview of 
the new regime; the remaining sections of this guide discuss it in more detail.

adverse possession of registered land for 12 years of itself will no 
longer affect the registered proprietor's title

after 10 years' adverse possession, the squatter will be entitled to 
apply to be registered as proprietor in place of the registered 
proprietor of the land

on such an application being made the registered proprietor (and 
certain other persons interested in the land) will be notified and 
given the opportunity to oppose the application

if the application is not opposed (by 'opposed' we mean that a 
counter notice is served; see Giving counter notice to the registrar 
in response to notice. Instead, or at the same time, the registered 
proprietor may object to the application on the ground that there has 
not been the necessary 10 years' adverse possession; see Objecting to 
the squatter's application for the implications of such an 
objection.), the squatter will be registered as proprietor in place 
of the registered proprietor of the land

if the application is opposed, it will be rejected unless either

it would be unconscionable because of an equity by estoppel for the 
registered proprietor to seek to dispossess the squatter and the 
squatter ought in the circumstances to be registered as proprietor
the squatter is for some other reason entitled to be registered as proprietor

the squatter has been in adverse possession of land adjacent to their 
own under the mistaken but reasonable belief that they are the owner 
of it, the exact line of the boundary with this adjacent land has not 
been determined and the estate to which the application relates was 
registered more than a year prior to the date of the application.

in the event that the application is rejected but the squatter 
remains in adverse possession for a further 2 years, they will then 
be able, subject to certain exceptions, to reapply to be registered 
as proprietor and this time will be so registered whether or not 
anyone opposes the application

https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land
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