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Boundary disputes can arise in a variety of situations, and they remain a common source of conflict between neighbours. Often issues start when work is being carried out and the parties disagree as to the exact location of the boundary. Where one party has been occupying and using an area that is part of their neighbour’s land, they may make a claim for adverse possession.
What is adverse possession?
Adverse possession is the process by which a person who is not the legal owner of land can become the legal owner by possessing the land.
How do you establish adverse possession?
To claim title by adverse possession you need to prove in broad terms that you have been in physical occupation and control of the land without the owner’s consent for the required period, usually 10 or 12 years.
In recent years changes have been made by the introduction of the Land Registration Act 2002 (LRA 2002) which make it more difficult to claim adverse possession for registered land.
Under the LRA 2002, you can apply to be registered as the proprietor of land if you have been in adverse possession for a minimum of 10 years. If the registered owner objects, you must also meet one of a limited list of conditions to overcome that objection. One of those conditions requires you to be in adverse possession of land adjacent to your own, in the reasonable belief that you are the owner of that land for a period of at least 10 years ending on the date of the application.
Does the period of 10 years need to end on the date of the application?
In a recent decision, the Supreme Court has unanimously allowed an appeal in Brown v Ridley [2025] UKSC 7 that any 10-year period of reasonable belief of ownership within the period of adverse possession was sufficient, rather than it having to be the 10 years prior to the date of the application.
What was the background to the case?
In September 2002 Mr Brown purchased certain land, (Brown Land). In July 2004, Mr and Mrs Ridley purchased the adjacent property (Ridley Land).
The previous owner of the Ridley Land had put up a fence and planted a hedge along what was understood to be the boundary between the two plots of land. However, this had in fact enclosed part of the Brown Land (Disputed Land).
The Ridleys used the Disputed Land as part of their garden and later it formed part of the site for constructing a new house, into which they later moved. The fence and hedge were removed in 2018 for the required construction work.
In 2019, Mr Brown gave notice to the Ridleys that he considered the construction work to be in breach of the Party Wall etc. Act 1996. In December 2019, the Ridleys applied to HMLR to be registered as the owners of the Disputed Land on the grounds that they had been in adverse possession of it for the required period under LRA 2002. Mr Brown objected to their application.
HMLR referred the matter to the First-Tier Tribunal, (FTT), which ruled in favour of the Ridleys. Mr Brown appealed and won in the Upper Tribunal. The Ridleys then appealed.
The issue before the Supreme Court was whether the 10 years of reasonable belief of ownership required for registration under LRA 2002 had to be the 10 years prior to the date of the application, or whether it could be any 10 years within the period of adverse possession. This was significant because the FTT found that the Ridleys only reasonably believed they owned the disputed land until around February 2018, approximately 21 months before they made their application.
Mr Brown’s position was that the 10 years needed to be the 10 years ending on the date of the application.
What was decided?
The Supreme Court unanimously allowed the appeal, holding that, as properly construed, the words of LRA 2002 meant that any 10-year period of reasonable belief of ownership was sufficient.
What does this mean?
If Mr Brown was right, this would require the application to be made immediately once there is an issue. The requirement for an immediate application is simply unrealistic given the need for expert evidence and legal advice and would potentially have the effect of encouraging disputes between neighbours.
The decision is a welcome one. It allows parties time to consider the matter carefully and exhaust all sensible alternative dispute resolution avenues before an application is necessary. However, you should act promptly. This case serves to highlight the importance of timely action and legal advice in boundary disputes and adverse possession claims.
How can we help?
This is a complex area. A boundary dispute can be time consuming, stressful, and costly and can have an adverse effect if you want to sell your property. If you are faced with a boundary dispute or an issue with your neighbour, we can help. Our experienced team can provide advice and assistance and will work with you to find the best outcome.
To speak to a member of our team, contact 01689 887887.