Adverse possession is one of my favourite areas of law. It is the legal process in which a non-owner occupant of a piece of land gains title and ownership of that land after a certain time. 

You may be surprised to know that the old law was that if you occupied land for 12 years, and excluded everyone else, you could become the owner. 

This has changed for registered land – the rules now require you to occupy for 10 years, and then make an application for ownership. 

However, this recent case (Brown v Ridley and Another [2024] UKUT 14(LC); [2024] PLSCS 19) looked at what you have to believe during that 10-year period to gain ownership.   

In this case, Mr Brown and the Ridleys owned adjoining plots of land, both purchased in the early 2000’s. The Ridleys were occupying part of the land that Mr Brown owned, but he was very surprised when he discovered them building a house on his land. The new house was to be called Moonrakers (cue thoughts of Roger Moore in a space shuttle).  

The Ridleys applied to become owners of the land. 

The statute (Land Registration Act 2002) says: 

“for at least ten years of the period of adverse possession ending on the date of the application, the applicant (or any predecessor in title) reasonably believed that the land to which the application relates belonged to him.” 

So, when does the 10-year period of belief the Ridley’s had end? Does the date of the application matter towards their period of belief when they had occupied the land for over 10 years prior?   

The First Tier Tribunal Judge concluded the Ridleys had occupied the land since 2004. However, he found they had stopped their reasonable belief that they owned the land in February 2018. The Judge concluded they had that belief for a period of over 10 years. He awarded the land to the Ridleys. 

Mr Brown appealed. 

The Judge in the Upper Tribunal (Lands Chamber) was the Chamber President, Mr Justice Edwin Johnson. He concluded the 10-year period of belief had to end on the date of the application. So, Mr Brown won his appeal and retained his land. 

However, the Ridleys have applied for permission to take the case to the Supreme Court. Will the senior judiciary decide to look at this vexed question on further appeal? We’ll have to wait and see. 

Our team of experts can assist you in cases of adverse possession. To get in touch, call us today or make an enquiry.