Adverse Possession: A Legal Warning for Homeowners
A lawyer has issued a stark warning to homeowners that neighbours can legally claim ownership of part of their property without consent under a little-known aspect of English property law. The warning was issued by lawyer Kal, who outlined how adverse possession regulations under the Land Registration Act 2002 can permit someone to become the rightful owner of land they have occupied for a number of years.
Kal described the doctrine as "one of the more crazy doctrines in English law", explaining that if somebody occupies land openly, without permission and without challenge for a continuous period of 10 years, they may be able to apply to the Land Registry to become the owner. "Ten years. Ten years is all it takes," he said on his Better Call Kal YouTube channel.
Disputes Over Narrow Strips Can Cost Thousands
Kal informed his followers that disputes frequently concern not vast expanses of land, but narrow strips between adjoining properties that can nevertheless significantly impact a home's value. This follows recent clarification of the legal rights for UK homeowners seeking to build a new greenhouse, shed or garage.
"We're not talking about acres here. The average boundary dispute in the UK is over just 2% of the average garden, a strip. But that strip can cost you tens of thousands of pounds in your land's value and years in court as well," Kal explained.
He outlined that someone seeking adverse possession typically needs to establish three things: factual possession of the land, an intention to possess it, and a reasonable belief that the land belonged to them.
Supreme Court Ruling Widens the Trap
According to the lawyer, that final point has recently become even more consequential following a Supreme Court ruling. Addressing the February 2025 case Brown versus Ridley, Kal outlined how the court determined that a claimant only needed to have reasonably believed the land was theirs during any 10-year period of occupation, rather than in the 10 years immediately before applying.
He noted the case concerned neighbours who had constructed an entire house on land subsequently discovered to belong to someone else. "Not a shed, not an extension, a whole house," he said.
Kal cautioned that the ruling had broadened the potential for disputes between neighbours. "Now your neighbour could freely admit today, right now, that they know that land is not theirs," he said. "But yet they could still successfully claim it from you as long as there was any 10-year stretch in the past where they genuinely thought that it was."
He added: "That's the boundary dispute trap. And the Supreme Court just made it a lot wider."
How to Protect Your Property
The lawyer urged property owners to establish precisely where their legal boundaries lie, adding that many people fail to take action promptly enough when issues first arise. He advised property owners to obtain title plans from the Land Registry and seek professional surveys where necessary.
"If you don't know exactly where your legal boundary is, go and get one," he said.
Kal clarified that title plans only indicate general boundaries and may lack sufficient precision in disputed situations, making a chartered surveyor's report especially worthwhile. "If there is any doubt, a chartered surveyor can determine for you the exact boundary lines," he said.
He also cautioned homeowners to take immediate action if they suspect a neighbour is encroaching on their land, whether through fences, sheds or pathways extending beyond their boundary. "The clock starts the moment they take possession unchallenged," Kal said.
Document and Communicate Calmly
Kal urged people to thoroughly document any concerns with photographs, measurements and written records, before engaging calmly and formally with neighbours rather than allowing tensions to escalate. "Instead of what is easy to some people which is an angry conversation over the fence, it's usually far better to send a clear written notice," he explained.
He further noted that written consent can also safeguard homeowners who knowingly permit a neighbour temporary access to their land. "A simple agreement like this with your permission means it cannot count as adverse possession," he said.
Legal Proceedings as a Last Resort
For disagreements that cannot be settled informally, Kal stated legal proceedings may prove essential, including claims for trespass, injunctions and damages. Nevertheless, he warned that boundary litigation can prove extraordinarily costly. "Cases can easily run into tens of thousands of pounds in legal fees," he stated.
He emphasised that prevention and prompt intervention remain the most effective protection against adverse possession claims. "If it's already happened, you still need to act now," he cautioned. "You can object to any adverse possession application at the Land Registry, but typically you only have 65 business days to respond once you've been notified."
