What is the test for a squatter to be registered as the owner of registered land they are sitting on?

Someone attempting to become the owner of land which they are occupying but do not own is known as ‘adverse possession’.

On 26^th February 2025, the UK Supreme Court delivered a unanimous decision in a case arising from a long-running boundary dispute in County Durham, known as Ridley v Brown.  At the heart of the dispute was a narrow strip of land, the paper title to which belonged to Mr Brown.  The Ridleys had used this ‘disputed land’ as part of their garden and later for constructing a new house. They applied for title by adverse possession, arguing that they reasonably believed the land was theirs for a period of at least ten years during their occupation. 

The point in issue was whether the required minimum “ten years of reasonable belief” (a technical test set out in the Land Registration Act 2002) needed to extend right up to the application date or whether it could be any continuous ten-year period within their longer period of occupation.  Lower tribunals had been split on the issue, with the First-Tier Tribunal favouring the Ridleys and the Upper Tribunal siding with Mr Brown.

The Supreme Court’s Ruling

In a clear-cut decision, since it was unanimous, the Supreme Court ruled that the ten-year period of “reasonable belief” required to bring an adverse possession claim in respect of registered land does not have to immediately precede the application.

It can be satisfied by any ten-year period within the overall duration of adverse possession.  Lord Briggs, delivering the leading judgment, explained that requiring the belief to persist right up to the application date would be “practically impossible” and counterproductive.

The implications of the ruling

This decision now offers squatters who have enjoyed 10+ year long-term use of registered land greater flexibility in how to bring their claim for adverse possession, meaning that they might still have a claim even if their belief shifted at a point during the possession and before the claim was brought.

Farmers and other landowners must be alert and act early: while the decision broadens the window for a claim, it also serves as a reminder that regularly reviewing the physical boundaries of your property and ensuring clear demarcation are often key to avoiding an adverse possession claim.

For more information or advice on boundaries and adverse possession, please contact Richard Hugill, Partner, Litigation & Dispute Resolution.