Adverse Possession – What Every Letting Agent Should Know

Most letting agents pride themselves on being experts in tenancy law, rent compliance, and the day-to-day management of properties. But one area of property law often overlooked — and potentially very damaging — is adverse possession.

Adverse possession is the legal process through which someone who occupies land without the owner’s consent can, after a certain period of time, obtain legal title to it. In simple terms: if someone takes possession of land, uses it as their own, and the true owner does nothing to stop them, the law may eventually recognise the occupier as the new owner.

This concept, sometimes called “squatters’ rights,” is explained in detail in A.O. McCullough’s Practical Legal Guide: Adverse Possession. While agents may think this is a niche issue for lawyers, the reality is that agents are often the first professionals who could spot the warning signs.

The Basics

- Unregistered Land (pre-2003 rules): After 12 years of continuous adverse possession, the occupier could extinguish the original owner’s title.

- Registered Land (post-2003 rules, Land Registration Act 2002): After 10 years’ continuous possession, the squatter may apply to be registered as the new proprietor.

The Land Registry then notifies the registered owner, who can object — but only if they act promptly.

Why It Matters for Letting Agents

Adverse possession can creep into everyday practice:

- Empty Properties – Long void periods, especially with overseas landlords, invite squatters.

- Garden Encroachment – Tenants or neighbours shifting fences or extending gardens.

- Parking & Access Ways – Long-term misuse of drives, alleys, or forecourts.

- Absent Landlords – Owners who disengage leave properties exposed.

Practical Tip: Agents are often the eyes and ears on the ground. Spotting early signs of encroachment is the best protection.

Red Flags to Watch

- Tenants fencing off land beyond their tenancy.

- Neighbours using a landlord’s garage, yard, or garden as their own.

- Outbuildings occupied by someone not named on the tenancy.

- Long-running disputes over rights of way.

- Properties sitting vacant for years without inspection.

Practical Tip: Always back up inspection notes with photos — visual evidence is powerful in defeating future claims.

Best Practice for Agents

- Inspect Regularly and document findings.

- Enforce Boundaries — make clear to tenants what is and isn’t included.

- Report Encroachments immediately to landlords.

- Keep Records of occupation and disputes.

- Seek Legal Advice early — delay is costly.

Beyond Defence – Using Adverse Possession Strategically

While most agents think of adverse possession as something to defend against, it can also create opportunities. McCullough makes clear that adverse possession isn’t just about protecting title — it can be a route to acquiring it.

Where to Spot Opportunities

- Vacant or abandoned houses.

- Derelict buildings, garages, and sheds.

- Strips of unclaimed land — alleyways, service roads, odd corners of gardens.

- Rural or unregistered land where ownership is unclear.

General Steps (Information Only)

Always seek legal advice before pursuing adverse possession claims.

1. Possess and Control the land openly and exclusively.

2. Maintain and Use it as though you own it.

3. Exclude Others (fencing, locking gates, signs).

4. Keep Evidence — occupation records, maintenance receipts, photos.

5. Apply to the Land Registry after the relevant time period.

Practical Tip: Success depends on continuity and exclusivity — you must act as the true owner and prevent others from using the land.

The Bottom Line

For letting agents, adverse possession is both a risk and an opportunity:- Risk: Landlords may lose property or rights if issues go unnoticed.- Opportunity: Knowledge of adverse possession allows agents to identify and even secure neglected land.As McCullough puts it, “Possession is not just nine-tenths of the law — under adverse possession, it can become the whole of it.”