Ask the Legal Expert: Help! Someone is occupying one of my outlying fields and claiming the land as his own!

If someone is occupying your land without your permission, it is important to act sooner rather than later, as they may intend to gain title to your property, and thus, become the legal owners.

Much information is published on how to succeed in an adverse possession claim, but it is equally important for landowners to defend their land and protect their legal position. 

Where land is isolated and not inspected regularly, it can be occupied by a trespasser without the owner noticing. This can be particularly common in areas of farmland that are not generally used, including areas of woodland or where the land is not easily accessible or suitable for the farmer’s use.

Currently, the minimum length of time an adverse possessor must occupy the land in order to have their claim considered is either 10 or 12 years. Generally, for registered land, it is 10 years, and for unregistered land the period is 12 years.

There are a variety of methods by which you can thwart any potential claims in adverse possession before the adverse possessor’s prospects of success become a concern;

1. Ensure that you visit all the boundaries of your property at least once a year, taking photos each time. When doing so, keep an eye out for any structural changes to the land such as new fencing, evidence of digging, and generally anything that could indicate that someone is making alterations to the land or its boundaries.
2. Keep an eye out for vandals and any evidence of vandalism taking place. Of course, preventing vandalism is beneficial even outside of the context of adverse possession, but vandalism can indicate that there is an access point to your property of which you are unaware.
3. Whilst you are monitoring the land for signs of vandalism, monitor to see if there is any unfamiliar activity on your land; part of a successful adverse possession claim is the requirement to have maintained the land. If you notice that someone is maintaining your land without instruction, you should be wary of the possibility that they may be attempting to adversely possess this area.
4. Take a moment to review the title plan to your property and compare it visually. Any discrepancies between the two should be investigated as soon as possible as a neighbouring landowner could legitimately believe that they own the land in question. 
5. If your land is unregistered, apply for first registration – not only will this demonstrate that you own the land but will also make it more difficult for an adverse possessor to bring a successful claim for ownership. 

As detailed above, time is of the essence when it comes to preventing a successful adverse possession claim. If you believe anyone may be trespassing on your land, take urgent steps to deal with the issue, such as writing to them, speaking to them directly (keep copies of all correspondence and make attendance notes of conversations) or issue possession proceedings.

However, if you receive notification of a claim for adverse possession (where the land is registered, the Land Registry will notify you), submit your objection within the requisite timescale.  

Beware: if an application for adverse possession of registered land is rejected, the trespasser is able to submit a further application if allowed to remain in occupation for a further two years. This second application is unlikely to be rejected. It is vital, therefore, that as soon as the first application has been rejected, you take immediate steps to remove the trespasser from your land.

We are a highly experienced team with extensive knowledge in this area. Please contact our Rural team if you have any concerns about your land in this regard on 03333 208644 or email hello@jcpsolicitors.co.uk