ADVERSE POSSESSION AND THE LAND REGISTRATION ACT
(SQUATTERS RIGHTS)

Most people have heard of squatters’ rights but very few are aware of the implications of allowing individuals to occupy their land or a property without the correct legal documentation.

Court cases on this topic have been dominated by the case of J A Pye Companies v Graham.

J A Pye were the paper owners of a large plot of land in Berkshire, prime for development use, but Graham had occupied the land since 1983 for the grazing of his cattle. When J A Pye tried to obtain vacant possession, they found that Graham was claiming adverse possession as he had occupied and managed the land for over twelve years.

Following the important landmark decision on the 30^th August 2007, it was established that the acquisition of land through adverse possession under LRA 1925 and Limitation Act 1980 does not violate the European Human Rights convention. This case highlights the need for registered landowners to be vigilant and take proactive steps to protect their land.

The legal position

The legal procedure for adverse possession varies considerably dependant on the date at which adverse occupation began on registered land and on whether land remains unregistered.

Currently where land is unregistered and where adverse possession started prior to 2^nd October 1988, no action can be brought to recover land after the expiration of a twelve-year limitation period. Limitation extinguishes the landowner’s right to recover the land, so that the squatter’s possession becomes impregnable, giving him a title superior over all others if he fulfils both factual and intention to possess criteria.

Many landowners are unaware of how easy it is to apply for adverse possession of unregistered land and that this therefore makes extra vigilance is necessary. It is recommended that all land be registered.

If 12 years continual occupation is not achieved by the 13^th October 2003, the new more stringent application procedure applies. In effect, it ensures the landowner is notified and has rights to object. When notifying the paper owner of any adverse possession claims made against a property, the Land Registry will write only to the address held for the property affected on the register of title. Therefore landowners should check the contact details held for them at the land Registry and update them consistently following any changes.

Key action areas – Landowners must

• remain vigilant at all times - fence off and check for any changes on their land;

• keep the Land Registry up to date with their main contact details;

• consider registering at the Land Registry any unregistered land;

• ensure a formal binding agreement is in place, when allowing third parties to use their land.