Adverse Possession

HM Land Registry's own practice guidance explains the modern regime for registered land: the Land Registration Act 2002 created a new regime that applies only to registered land, set out in Schedule 6 to the Act, making it more likely that a registered proprietor will be able to prevent an application for adverse possession being completed. Under that regime, adverse possession of registered land for 12 years of itself will no longer affect the registered proprietor's title — instead, after 10 years' adverse possession, the squatter is entitled to apply to be registered as proprietor in place of the registered owner.

The registered owner is normally notified and can object, but the guidance sets out what happens if a squatter's first application is rejected: if the squatter remains in adverse possession for a further two years, they will then be able, subject to certain exceptions, to reapply to be registered as proprietor, and this time will be registered whether or not anyone opposes the application.