Adverse Possession UK 2026 — Squatters' Rights, Interim Possession Orders, and Prevention for Landlords

The legal framework — registered vs unregistered land and the 2002 reforms

Adverse possession works differently depending on whether the land is registered at HM Land Registry:

• Unregistered land — Limitation Act 1980 (12-year rule): For unregistered land (land without a Land Registry title number), the Limitation Act 1980 provides that a landowner's right to recover possession is extinguished after 12 years of adverse possession. Adverse possession requires factual possession (treating the land as your own — enclosing it, maintaining it, using it exclusively) plus the intention to possess (animus possidendi — intent to exclude the world, including the paper owner). After 12 years of unbroken adverse possession, the squatter can apply to register the title. There is no notification requirement — the original owner's title is simply extinguished. Most land in England and Wales is now registered, so this regime is increasingly rare
• Registered land — Land Registration Act 2002 (10-year notification system): For registered land, the LRA 2002 replaced the Limitation Act regime with a notification-based system. A squatter who has been in adverse possession for 10 years can apply to HM Land Registry to be registered as the new owner. But instead of automatic registration, the Registry notifies the registered owner, who then has 65 business days to object. If the owner objects (and their objection is not based on grounds that must fail), the Registry cancels the application — and the squatter has a further 2 years to regularise their position or be removed. If the owner does not object within 65 days, the squatter is registered
• Adverse possession in a landlord context — boundary strips: The most common adverse possession dispute for landlords is a neighbour who has been maintaining a strip of land (a garden border, a driveway extension, a passage between two properties) for many years. Under the LRA 2002 regime, the landlord is notified before title is lost and has 65 days to object. For unregistered land, the risk is greater — no notification is given. Landlords with unregistered land who are aware of a neighbour's encroachment should take legal advice urgently
• No adverse possession against the Crown, etc.: Adverse possession does not run against the Crown, statutory corporations, or certain charitable bodies. In practice this is rarely relevant to residential landlords but may arise where the land adjoins Crown Estate or highway land
• Key elements of adverse possession — what the squatter must establish: Factual possession means treating the land as your own — fencing it, cultivating it, using it exclusively. It must be without the owner's consent (a licence or tenancy prevents adverse possession running). Intention to possess means subjective intent to exclude the world, including the paper owner — shown by factual acts of exclusive possession. Possession must be continuous and unbroken throughout the limitation period

Residential squatting — the LASPO 2012 criminal offence

Since 1 September 2012, squatting in residential buildings has been a criminal offence under LASPO 2012:

• Section 144 LASPO 2012 — the offence: A person commits an offence under s.144 if they are in a residential building as a trespasser, having entered it as a trespasser, and they know or ought to know they are a trespasser, and they are living in the building or intend to live there for any period. The offence applies to any residential building — including a vacant property, a property being renovated, a property left empty during probate, and a rented property whose tenancy has ended. There is no minimum occupation period — the offence is committed on entry
• Penalties for s.144 LASPO offence: The offence is a summary offence triable in the magistrates' court. The maximum sentence is 6 months' imprisonment, a fine of up to £5,000, or both. In practice, the police are the first point of call — they can arrest trespassers committing the s.144 offence without a warrant and remove them from the property. The Crown Prosecution Service (CPS) will prosecute where there is sufficient evidence and it is in the public interest
• Commercial property — remains civil: Section 144 LASPO applies only to 'residential buildings'. A building is residential if it is designed or adapted for use as a place to live. Commercial premises (offices, warehouses, retail units, vacant commercial buildings) are not residential buildings — squatting in commercial property remains a civil matter. The property owner must obtain a civil possession order (typically via a claim under CPR Part 55) to remove squatters from commercial premises
• What counts as a 'residential building' for s.144 purposes: A residential building for s.144 purposes includes: houses, flats, and apartments; properties undergoing renovation or redecoration that have been used as a dwelling; and mixed-use buildings where any part is used or adapted for residential use. A building that has never been used as a residence and is not adapted for residential use may fall outside s.144 — in such cases, civil possession proceedings may be required even though the building looks like a potential home
• Calling the police — what to expect: Where squatters have entered a residential building, the landlord should call the police (101 or 999 if an emergency). The police have the power to arrest squatters committing the s.144 offence. However, police forces vary in their speed of response — some treat this as a civil matter, particularly if the squatters dispute that the property is residential or deny being trespassers. Landlords may need to provide documentation (title documents, evidence of vacancy) to assist the police

Interim possession orders (IPOs) — the fast-track civil remedy

Where the police cannot act quickly or the building is commercial, landlords can apply for an interim possession order:

• What is an interim possession order: An interim possession order (IPO) is a fast-track civil court remedy under CPR Part 55 Section III (RSC Ord 113). It is available where the claimant (the owner or person entitled to possession) applies to the county court within 28 days of learning that squatters have entered the property. If granted, the IPO requires squatters to vacate within 24 hours. A squatter who does not comply with an IPO commits a criminal offence under s.76 Criminal Justice and Public Order Act 1994 (CJPOA 1994) — punishable by up to 6 months' imprisonment or a fine
• The 28-day time limit — act quickly: The IPO procedure is only available if the claimant applies within 28 days of first learning that squatters have entered. This is a strict time limit — missing it means the claimant must use the ordinary Part 55 possession procedure (which takes weeks longer). Where squatters enter a residential property, the landlord should contact a solicitor immediately — the 28-day clock is running
• IPO procedure — what is required: The claimant files a claim form (N5 with additional IPO-specific information), a witness statement (confirming: ownership/entitlement to possession; the squatters entered as trespassers; the application is within 28 days of learning of the squatters), and pays the court fee. The court typically grants an IPO without a hearing (ex parte) within 1-3 days if the paperwork is in order. The landlord then serves the IPO on the squatters by fixing it to the property and giving notice. If squatters do not vacate within 24 hours of service, they commit a criminal offence
• After IPO — full possession order: An IPO does not finally determine possession — it is an interim remedy. The court sets a date for a full possession hearing (typically within a week of the IPO). At the full hearing, the court makes a final possession order. Where the squatters have vacated following the IPO and do not appear to contest, the order is typically made without difficulty
• Ordinary Part 55 proceedings — where IPO is unavailable: Where the 28-day limit has passed (or the property is commercial), the landlord must use the ordinary Part 55 possession procedure. This involves filing a claim form (N5), serving the defendants, and attending a first hearing typically 4-8 weeks after issue. An order for possession is made at the first hearing if there is no genuine defence. Enforcement by county court bailiff or High Court enforcement officer follows if squatters do not vacate

Prevention — protecting vacant properties from squatters

Prevention is far less costly than eviction proceedings — particularly for properties void for extended periods:

• Physical security — priority measures: Change the locks as soon as the previous tenant vacates. Fit mortice deadlocks (BS 3621) on all external doors. Board up vulnerable windows or fit security grilles for properties that will be empty for extended periods. Install external security lighting (PIR activated). Consider a monitored alarm system. Squatters are deterred by visible security measures and typically target the easiest access points
• Regular inspection: Inspect the property at least weekly during vacancy periods. Irregular or infrequent inspections allow squatters to establish occupation before the landlord is aware. A weekly inspection also evidences that the landlord was maintaining the property and would have been aware of any unlawful entry. Record each inspection in writing (date, time, condition, photographs)
• Property guardianship: For properties vacant for extended periods (during probate, major works, or a difficult lettings market), property guardianship is a formal arrangement under which individuals (guardians) occupy the property under a licence to deter squatters. The guardian pays a reduced fee in exchange for occupying and maintaining the property. Guardianship prevents adverse possession running (occupation is with the owner's consent) and provides physical security. Guardianship licences are not tenancies and do not give occupiers the same rights as tenants — but must be carefully drafted to avoid inadvertently creating a tenancy
• Licensing vacant land: For vacant land (rather than buildings) at risk of adverse possession by neighbouring occupiers, a periodic licence granted to an adjacent neighbour or third party to use the land prevents adverse possession running (possession under a licence is not adverse). Licences should be in writing, revocable on notice, and for genuine use (parking, storage, etc.)
• HM Land Registry — agreed notices and cautions: For registered land subject to a boundary dispute or risk of adverse possession application, registering an agreed notice or unilateral notice on the title register provides a record of the owner's interest and may assist in objecting to any future adverse possession application

Frequently asked questions