Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Adverse possession definition

What does Adverse possession mean? In land law, adverse possession is acquiring land by long, open occupation without the owner’s consent, so the owner’s claim is time‑barred and the possessor may obtain title or registration. Statutory and shaped by case law (e.g. JA Pye v Graham): requires factual possession and an intention to possess; possession must be continuous, exclusive and not permissive, forcible or secret. England and Wales: for unregistered land, 12 years under the Limitation Act 1980 extinguishes title. For registered land, the Land Registration Act 2002, Sch 6 allows an application after 10 years; the registrar notifies the proprietor, who...

Establishing adverse possession: elements, evidential acts, excluded land, limitation periods and interruptions (England and Wales)

Published by a LexisNexis Property Disputes expert

Practice notes

This Practice Note is one of four on Adverse possession. The others are:

Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925
Claiming title by adverse possession under the Land Registration Act 2002
Adverse possession and leases

Introduction

Adverse possession of land arises where occupation of land conflicts with the title of the true owner. The person in adverse possession (described in this Practice Note as ‘the squatter’) must demonstrate factual possession (see Factual possession below) together with an intention to possess (see Intention to possess below). The squatter’s adverse possession must continue, without interruption, for the required period (see Required period of adverse possession below). Although factual possession and intention to possess are separate elements, one piece of conduct can prove both. For example, putting up a fence that excludes everyone except the squatter (see Uses of land which may amount to adverse possession below) may serve as evidence of both factual possession and intention to possess—the character of the act itself can reveal the intention with which it was done. Where the squatter succeeds...

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Web page updated on 27/05/2026

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