How do you stop someone gaining rights over your land?

Rights may be acquired over your land if you either fail to address unauthorised use by third parties or give permission to others to use your land without seeking professional advice.

How can you avoid this occurring?

• Where land is unregistered, as is often still the case with farmland, in certain circumstances someone occupying land belonging to someone else without their permission (a squatter) can after 12 years ‘squatting’ acquire ‘title’ to the land by their adverse possession.

You could avoid this happening on your land by regular inspection of your boundaries and ensuring that you have an up to date plan of your land. If your land is unregistered then registering title at the Land Registry will involve a thorough review of your land and can be a useful precautionary measure.

Since 2003 and where land is registered, the law allows a squatter to apply to be registered as the owner if they can prove that they have been in ‘adverse possession’ for 10 years. However, you as owner will have the opportunity to object which gives you better protection against adverse possession claims.

• Landowners can be taken by surprise when they find out that third parties have acquired rights over their land and that these rights can restrict their use of the land. Rights over land, or easements, can also be acquired by 20 years uninterrupted use without permission. If you are aware that someone is routinely using your land, for example using a farm track to access their own property, then you should take steps to address this sooner rather than later to avoid a right being created.

Public rights of way can also come into being through 20 years’ interrupted use as of right by members of the public. If private land is not intended for use by the public, particularly where is adjoins a public footpath, then steps should be taken to close the area off and restrict public access.

• It is not unusual for landowners to enter into arrangements with third parties which allow them to use land or buildings in return for rental income. It is essential that these arrangements are properly documented to prevent more permanent rights being inadvertently created.

It is important for all private landowners to ensure that that are fully aware of the true extent of the land within their legal ownership and in particular, its use. Where landowners intend to grant permission to third parties, it is important that professional advice is obtained so that you do not give away more than intended.

For more information contact Johanne Spittle at Ware & Kay Solicitors on York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247 or email johanne.spittle@warekay.co.uk.