Adverse possession is the process by which someone squatting or occupying land, without entitlement, can become its legal owner. To succeed, the occupier must show:

• 1

  Factual possession: Physical control of the land as if they were the owner.

• 2

  Intention to possess: Clear intent to exclude others, including the rightful owner.

• 3

  Without consent: Occupation without permission from the true owner.

Adverse possession laws are complex. In England and Wales, there are two legal regimes running concurrently for:

• Unregistered land
• Registered land

From 1 December 1990, it became compulsory to register land ownership when legal ownership is transferred. Registration involves:

• 
  Registering deeds with HM Land Registry
• 
  Creating a Title Register with a unique title number
• 
  Recording a plan of the land

Over time, all land in England and Wales will transition to registered land.

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