Adverse Possession: Could Your Property Be at Risk?

Owning property is one of the biggest investments most people will ever make. Whether it’s your home, a flat, a shop, some other form of business property or farmland, it holds both financial and personal value. That’s why it can come as an unpleasant surprise to discover that someone else might try to claim legal ownership of land you believe falls within property of which you have ownership. This is known as adverse possession, or more commonly, “squatters’ rights.”

What Is Adverse Possession?

Adverse possession, in its simplest form, is when someone who is not the legal owner of the land (the squatter) occupies the land without the owner’s permission, without force and without secrecy for a certain period of time. The rules differ depending on whether the land is registered or unregistered and whether the qualifying period of adverse possession is established before or after 01 October 2003. Whilst the term squatter is used, this does not imply that the person is squatting in the sense of knowingly trespassing.

This is why it’s so important to keep an eye on your property boundaries and deal with unauthorised occupation promptly. If you have any concerns that someone is in possession of land which you believe belongs to you, it is important you seek legal advice at the earliest opportunity.

Why You Should Act Quickly

Adverse possession may sound unusual, but our property dispute solicitors see it all the time.

Common situations where adverse possession can come into play include:

• Boundary disputes: A neighbour moves a fence or hedge slightly onto your land and, over time, begins treating it as their own.
• Vacant properties: Squatters could move into an empty property and may argue that they have acquired legal ownership by way of adverse possession
• Farmland and rural land: Squatters occupies and possess part of a large estate without the owner realising.
• Small forgotten plots: Strips of land between or behind houses are fenced off and absorbed into neighbouring gardens without the true owner realising that it in fact belongs to them.

Left unchallenged, you could lose land that legally belongs to you.

How We Can Help You

Adverse possession cases can feel daunting, but you don’t have to face them alone. Our team of property law specialists can:

• Protect your land and challenge an application if someone makes an adverse possession claim in respect of it
• Advise how to stop unlawful occupiers before they gain legal rights
• Advise you on making your own claim for adverse possession if it comes to light that land you have been occupying for some time may not in fact be yours
• Resolve boundary disputes quickly and effectively

Our experienced property dispute lawyers understand how stressful property issues can be. That’s why we focus on clear communication, practical solutions, and achieving the best possible outcome for you.

Don’t Wait Until It’s Too Late

The sooner you act, the better your chances of stopping an adverse possession claim, or making one yourself if you believe you have the right to. When it comes to adverse possession, timing is critical. The longer someone occupies land without challenge, the stronger their case can become.

Call Hopkins Solicitors today on 01159105555 or email enquiries@hopkins-solicitors.co.uk to arrange a friendly, confidential chat with one of our property experts. Whether you need advice on squatters’ rights, boundary disputes, or land ownership, our team is here to help you protect what’s rightfully yours.