Squatter’s rights: can you stop a squatter obtain ownership of your land?

If someone is occupying land that is registered to you, can they acquire rights over it and successfully apply to be registered as the owner? We are often asked this question by property owners where the boundaries between two properties on the ground do not match what is shown on the plans; sometimes this only becomes apparent where one of the property owners is looking to sell or develop and they then discover that there is an area of disputed land owned by one party but occupied by the neighbour (the squatter).

There are two possible scenarios for registered land: the first is where ‘the squatter’ has been in uninterrupted ‘adverse possession’ of the disputed land for at least 12 years before 13 October 2003. This squatter can apply to be registered as proprietor and must provide evidence of their continuous adverse possession, for example, that they have occupied the land without the true owner’s permission. If the application is successful, the registration of the existing proprietor will be cancelled and the applicant squatter will be registered as proprietor in their place.

The second scenario is where the squatter has enjoyed adverse possession for a continuous period of at least 10 years and some part of that period occurred on or after 13 October 2003. In this situation not only does the squatter have to prove its uninterrupted adverse possession but it also has to meet a set of ‘new’ rules (under the Land Registration Act 2002); the rules are rigorous so that it is now that much harder for a squatter to obtain title to your registered land.

As soon as you discover that someone might be occupying land that is registered to you it is important that you take steps to establish both where the boundary lies and how long the squatter has been in occupation. You should then obtain professional advice on whether and how you can recover possession of the land; this is important as delay may prejudice your ability to recover your property.

For any help and advice regarding this article or any other litigation or dispute matter please contact Johanne Spittle, Director - Litigation & Dispute Resolution at Ware & Kay on York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247 or email johanne.spittle@warekay.co.uk.