The idea that someone could claim ownership of your property through long occupation sounds alarming, but the rules around adverse possession for registered land are now much more protective of the registered owner than they were before the Land Registration Act 2002. Understanding how the current law works helps you protect your position.
For land registered at HM Land Registry, the pre-2002 rule that 12 years of adverse possession automatically extinguished the registered owner's title no longer applies. Under the current regime, a squatter who has been in adverse possession for 10 years can apply to be registered as the new owner, but the Land Registry will notify the registered proprietor of the application. The proprietor then has two years to respond and, if they do, can object and take steps to recover the land. This gives registered owners a meaningful opportunity to protect their title.
If the registered proprietor is notified of an adverse possession application and does nothing within the two-year period, the squatter can apply again and will be registered. This is why it is essential to respond promptly to any Land Registry notification. Ignoring it can result in losing title to land even where the squatter's occupation could have been challenged.
The squatter must have been in factual possession of the land, treating it as their own to the exclusion of everyone else including the true owner, without the permission of the true owner, and without acknowledging the owner's title. Maintaining a garden, erecting fencing, and preventing others from entering the land all support a claim to factual possession.
Respond to the Land Registry notification immediately and take legal advice. You have two years to bring a claim to recover the land after objecting. Starting proceedings promptly and gathering evidence of your ownership and use of the land strengthens your position significantly.
For registered land, the Land Registration Act 2002 protects registered owners by notifying them of adverse possession applications and giving them two years to respond. Ignoring a notification can result in losing title. If you receive a notification from Land Registry about an adverse possession claim, take specialist legal advice immediately and do not delay in responding.
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