The Supreme Court decision in Brown v Ridley [2025] UKSC 7 has created discussion in the area of adverse possession which will impact on individual landowners seeking to claim land through adverse possession and landowners seeking to protect their registered titles.
What is adverse possession?
Under the Land Registration Act 2002 (“LRA 2002”) if someone has been in occupation of land for at least 10 years and they can prove they’ve used it as if they were the owner, they can apply to be recognised as the legal owner under Schedule 6 of LRA 2002. In accordance with paragraph 5(4) of the LRA 2002, the applicant must demonstrate a ‘reasonable belief’ that the land belonged to them for at least ten years before the application date.
What has Brown v Ridley clarified?
Mr Brown and Mr and Mrs Ridley were neighbours, and a dispute arose between them, over a strip of land that had been mistakenly enclosed by the Ridleys, leading to their occupation of it for several years. The Ridleys had used the land as part of their garden and, later, built a new house on the disputed strip.
The Ridleys applied to the Land Registry in 2019 for the registration of ownership of the disputed land, claiming that they had acquired the land through adverse possession, and they believed they were the rightful owners. Mr. Brown objected to this application who claimed that they had not satisfied the requirement of holding the reasonable belief for 10 years before the application is made.
The Supreme Court were required to determine the primary issue which was the interpretation of the requirement under the Land Registration Act 2002 for a ‘reasonable belief’. Specifically, could the ‘reasonable belief’ of ownership extend to any ten years during the period of possession? Or did it have to be the 10 years right before the application was made?
Prior to the Supreme Court decision in Brown v. Ridley, courts typically interpreted paragraph 5(4)(c) to mean that the ten-year period of reasonable belief had to be continuous up until the application date.
The Supreme Court’s ruling
The Supreme Court ruled that the reasonable belief of ownership doesn’t have to cover the last 10 years before the application. The Court recognised that it wasn’t fair to penalise someone just because they discovered the true ownership of the land after a certain period.
What are the Implications?
- For Claimants: If you’ve been using a piece of land for years, even if you didn’t realise it wasn’t yours, the new interpretation makes it easier to claim ownership. You don’t have to prove that you believed it was yours for the entirety of the last decade—you just need to show that you believed it was yours for any 10 years during your occupation.
- For Landowners: Stay vigilant. If you haven’t kept an eye on your property boundaries, you could find that someone else has been using your land for long enough to claim it as their own
Seeking Expert Advice on Adverse Possession
Adverse possession claims can be complex and often give rise to disputes that require careful navigation. Whether you are seeking to protect your land or challenge an application, obtaining the right legal advice early on is essential to safeguard your position. If you are facing an adverse possession issue speak to a member of DTM Legal’s experienced Property Litigation team today.
