Squatter › Adverse possession of registered land (10 years)
Adverse possession of registered land (10 years)
Most land in England and Wales is registered. Time alone does not give a squatter ownership of registered land. A squatter must apply, and the owner gets a chance to object.
The basic rule
Under Schedule 6 to the Land Registration Act 2002, a person in adverse possession of registered land for ten years ending on the date of the application may apply to be registered as the proprietor. The period is 60 years for foreshore owned by the Crown or the Duchies. Section 96 of the Act means the Limitation Act 1980 time limits for recovering land do not run against the registered owner of registered land (except as against a chargee), so the owner's title is not simply lost by passage of time.
What the squatter must show
HM Land Registry's Practice Guide 4 says the squatter must show:
- Factual possession: an appropriate degree of physical control. Fencing is strong evidence but not conclusive.
- Intention to possess: an intention to exclude the world at large, including the owner, not merely to use the land. Equivocal uses such as access alone are not enough.
- No consent: possession under a lawful licence is not adverse.
The squatter's application (form ADV1) needs a statement of truth or statutory declaration made within one month of the application, describing the acts relied on.
Who cannot apply
- A person who is a defendant in proceedings asserting a right to possession, or against whom a possession judgment was given within the last two years.
- While the registered owner is an enemy or lacks mental capacity for relevant decisions (Schedule 6, paragraph 8).
- Where the land is held on trust, unless every beneficiary has an interest in possession.
What happens after an application
- HM Land Registry checks the application. If the claim looks valid, it notifies the registered proprietor, any registered chargeholder and others.
- Recipients have 65 working days to consent, object, or serve a counter notice on form NAP (Practice Guide 4). Successors in title get 15 working days and cannot serve a counter notice.
- If nobody serves a counter notice, the squatter is registered when the time limit ends.
- If the owner serves a counter notice, the application is rejected unless the squatter meets one of three conditions (below).
The three conditions
- Estoppel: it would be unconscionable for the owner to dispossess the squatter because of an equity by estoppel, and the squatter ought to be registered.
- Otherwise entitled: for example under a will or a contract where the price was paid.
- Boundary belief: the land is next to the squatter's land, the exact boundary has not been determined, the squatter reasonably believed for at least ten years that the land was theirs, and the estate was registered more than one year before the application.
See boundary disputes for the third.
The extra two years
If the application is rejected and the squatter stays in adverse possession for two years from the rejection, they can reapply. They will be registered regardless of opposition unless an exception applies (for example, they are a defendant in possession proceedings, a possession judgment was given against them in the last two years, or they were evicted under a possession judgment). The owner therefore has at least two years to take action, such as bringing court proceedings to recover the land. Practice Guide 4 describes objections that cannot be resolved going to the First-tier Tribunal (Property Chamber).
Eviction within six months
A squatter evicted by the owner within the previous six months, other than under a possession judgment, can still apply if they could have applied the day before being evicted.
If you are the owner
Keep your address on the register up to date so notices reach you. Respond within the time limit. Do not ignore a notice from HM Land Registry; take legal advice at once.
If you are the occupier
Do not assume ten years guarantees success. If you have used a neighbour's land with permission, or only to cross it, you do not have adverse possession. Take advice before you apply, and read unregistered land if your land is not on the register.
This is general information about the law in the UK, not legal advice. Property law is technical, rules differ between England and Wales, Scotland and Northern Ireland, and the facts of your case matter. Check the official sources linked on this page and speak to a solicitor, Citizens Advice or Shelter before you act. Last checked November 2026.