Get off my land! - In Business Summer 2008

19 June 2008

When it comes to the law relating to adverse possession of land, it’s frankly a bit of a mess.

Any claim for possession depends on whether the land is registered or unregistered and how many years the claimant has been in occupation.

Broadly, the position is as follows:

• For registered land – since October 13, 2003 when the new Land Registration Act 2002 came into force, 10 years is sufficient time but notice has to be given to the registered freeholder who has an opportunity to object; and
• For registered or unregistered land – between October 2, 2000 (when the Human Rights Act 1998 came into force) and October 12, 2003 the claimant had to prove 12 years adverse possession. He also had to prove that it was inconsistent with the use or intended use of the land by the owner and not merely without the owner’s consent.

Pye (Oxford Limited) v Caroline Graham
The Grahams won a case involving their continued occupation of a plot of land, having successfully argued before the House of Lords that they had entitlement to the land by more than 12 years adverse possession. Pye couldn’t recover the land because it was prevented by the Limitation Acts from taking any court action. (A claim for possession had to be made within 12 years).

Pye took the case to the European Court claiming that loss of entitlement to a valuable piece of land contradicted the Human Rights Act 1998 which states that everyone – including a company – is entitled to the peaceful enjoyment of his possessions.

Although the Act didn’t apply as the case was brought before it came into force, Pye then argued that it was entitled to compensation from the Government. The European Court agreed but Gordon Brown and Alistair Darling took the matter to the Grand Chamber of the Court and won.

The court declared that:

• Interference with property rights was justifiable as the legislation  had been in force for many years;
• It represented a control of the use of land and didn’t carry with it a right to compensation;
• It represented a fair balance between public and private rights; and
• Pye could have taken reasonable steps to protect its interest. The fact that the Grahams gained a huge development value was irrelevant.

So how can a landowner protect himself?
The watchwords should be “Get off my land”!

• It’s wise to apply for voluntary registration at the Land Registry of any  unregistered land;
• If you have registered land ensure you have up to date names and addresses at the land Registry so you are given notice of any potential claim;
• Make sure you physically inspect your land and see that boundaries are correctly maintained;
• Seek immediate professional advice if you are given notice of a claim; and
• Don’t delay! Seek possession of your land if you think you have squatters.

For further information contact Andrew Gough on 01227 763939. 

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