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ARTICLE · 19 OCTOBER 2006

Squatters Register Now

Changes took place to the law of adverse possession following the Land Registration Act 2002. Previously a squatter who had clocked up 12 year's adverse possession could acquire the land.

United KingdomReal Estate and Construction
Mark Heighton
Mark Heighton
Caroline Potter
Caroline Potter

Changes took place to the law of adverse possession following the Land Registration Act 2002. Previously a squatter who had clocked up 12 year's adverse possession could acquire the land. There is now a distinction between registered and unregistered land.

The new rules mean that a squatter who occupies registered land for ten years may apply to the Land Registry for his interest to be registered. The title owner will be told about the application and have a chance to object. Only if the landowner fails to object and take steps to end the adverse possession will the squatter succeed.

To assist with the introduction of the new rules for registered land, a transitional period has been in place that ended on 13 October 2006. Extra protection was given to squatters who had established the 12 years' occupation prior to 13 October 2003, the date when the 2002 Act came into force. They were allowed to claim under the old rules and their rights were binding on buyers of the land. This was

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