Criminal Trespass And Adverse Possession

Best v. Chief Land Registrar [2015] EWCA Civ 17

A criminal trespasser can acquire title to land via adverse possession. Yes, you read that correctly - a trespasser trespassing on land where it is a criminal offence to do so can still acquire title to that land as a result of the criminal activity.

So much for the concept of the criminal not being rewarded for his criminal enterprise.

The Court of Appeal upheld a first instance decision which allowed a squatter to obtain title to land by adverse possession, despite the trespass being a criminal offence. Squatting in residential properties is now a criminal offence pursuant to section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (the Act) if the trespasser "lives" in a residential building (sadly squatting in a commercial property perversely remains a civil matter only).