Squatter › Boundary disputes and adverse possession
Boundary disputes and adverse possession
Most "squatting" questions between neighbours are really about a fence, hedge or strip of garden. The first question is where the boundary is, not who has been using the land.
Registered boundaries are general boundaries
Under section 60 of the Land Registration Act 2002, the boundary of a registered estate, as shown on the register, is a general boundary unless it has been shown as determined. A general boundary does not fix the exact line of the boundary. The plan on your title is therefore a guide, not a surveyed line, and the fence may sit a little way from the line on the plan without anyone being at fault. Rules can allow the exact line of a boundary to be determined by application to the registrar.
Two different problems
- "Where is the boundary?" This is a question about what the title documents and the history of the land show. If the strip lies on your side of the legal line, nobody needs to claim it.
- "Someone has used my land for years." This is the adverse possession question. See registered land and unregistered land.
HM Land Registry's Practice Guide 4 points out that where the title plan shows only general boundaries and the applicant actually has documentary title to the land, an application to alter the title plan may be more appropriate than an adverse possession application.
The boundary condition in adverse possession
When an owner objects to an adverse possession application, the application is rejected unless the squatter meets one of three conditions. One is specifically about boundaries. The land must be next to the squatter's land, the exact boundary must not have been determined, the squatter (or a predecessor) must have reasonably believed for at least ten years that the land belonged to them, and the owner's estate must have been registered more than one year before the application. This is the situation where a neighbour's hedge or fence was put in the wrong place long ago and everyone thought the land was theirs.
It is a narrow rule. A belief that is not reasonable, or an exact boundary that has been determined, takes the squatter outside it.
Practical steps if you have a dispute
- Look at your documents. Obtain the title register and title plan from HM Land Registry, and the old deeds, which sometimes contain better plans or measurements.
- Speak to the neighbour calmly. Many disputes end with a conversation and a written agreement.
- Do not move or remove fences without being sure of the position. Damage to a neighbour's property can lead to legal claims.
- Agree a boundary in writing. A solicitor can help record it and, where appropriate, apply for the boundary to be determined.
- Try mediation. It is usually cheaper than court.
- Take advice before a formal claim. Boundary and possession cases can be costly.
If you are selling or buying
Boundary problems often appear during conveyancing. Tell your solicitor about any fence moves, or any strip that has been used by someone else. Hidden problems can delay a sale.
Not every fence strip is a claim
A person who uses a strip with the owner's permission is not in adverse possession, because possession under a lawful licence is not adverse. Occasional access is not enough either. Keep friendly arrangements in writing, so that they cannot later be mistaken for a claim.
Squatters and the wider picture
A real squatter in a home is dealt with under section 144. A boundary mistake is not squatting, and you should not report it as such.
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.