Do you have any unregistered land? Fraudulent attempts of adverse possession are on the increase

Fraudulent attempts of adverse possession are on the rise, with people on social media declaring that they can claim unregistered land for you, for a hefty fee.

These schemes make promises they simply cannot keep, primarily gaining possession of a piece of land in a week or two, effectively bypassing all the rules of adverse possession.

It is important that people remain vigilant of individuals they see promoting this type of service online, as it is often fraudulent and could leave you with a large amount of money missing, but no land.

What is adverse possession?

Adverse possession is the procurement of a title to land that you have gained through long-term maintenance of the land. It is a legal principle that allows someone to claim ownership of land or property simply by occupying it for a continuous, extended period without the true owner’s permission.

If you take over land and start maintaining it without the permission of the original owner, if there is one, you can eventually claim ownership of the land. This process takes 10 or 12 years of continuous upkeep of the land to be able to apply for adverse possession.

You must have exclusively occupied the land without the owner’s permission for at least 12 years (unregistered land), and you must treat the land as your own and intend to exclude everyone else.

For previously registered land, the legal period of adverse possession is 10 years. After these 10 years are up, the “squatter” can apply to HM Land Registry for possession.

However, the rules are very strict and a successful application is difficult to achieve.

A successful claim strictly requires meeting all five of the following conditions:

Factual Possession: You must have physical control of the land (e.g., maintaining it, cultivating it, or erecting fences to exclude others).
Intention to Possess: You must show an unmistakable intention to possess the land as your own, to the exclusion of all others—including the true legal owner.
Without the Owner’s Consent: The occupation must be entirely unauthorised. Any formal lease, license, or verbal permission from the landowner will invalidate the claim.
Open and Notorious: The possession must be visible and obvious. It cannot be hidden or secretive.
Continuous and Uninterrupted: You must use the property consistently. If you abandon the land or the true owner successfully retakes possession, the clock resets.

If your application for adverse possession is denied because the legal owner objected, you may be able to reapply in two years. You can do this without the owner’s consent provided you remain in continuous, uninterrupted possession of the land during that two-year window and they have not taken legal steps to evict you.

The Land Registration Act 2002 reformed the principle of adverse possession. Under this scheme, it is significantly harder for a squatter to acquire title; the registered owner is formally notified of any claim and has the power to block it. Schedule 6 of the same Act makes it so that the legal owners of the land can get a chance to stop the claim on their land.

How to protect your property from adverse possession

Landowners can protect their land from adverse possession by carrying out regular inspections to ensure it is not being occupied or used without permission.

They should maintain clear and secure boundary features, such as fences, gates and locks, to demonstrate ongoing control of the land.

Keeping dated records, including photographs, can help establish a timeline and provide evidence if a dispute arises.

If any unauthorised occupation is discovered, prompt legal action, such as seeking possession or an injunction, should be taken to prevent a claim from accruing over time.

The best way to protect land from scammers or claims for adverse possession of unregistered land is to immediately apply to have your property and land registered at the Land Registry. Our team of solicitors are here to help you should you wish to apply for registration.

Where occupation is permitted, owners should formalise this through a licence or tenancy, as consent defeats any claim for adverse possession.

Can social media claims be believed?

Certain popular social media ‘influencers’ are making claims that they can get you unclaimed land.

The claim is that they will traverse through the woods to find you a piece of land and then apply to the Land Registry for confirmation that the land is unregistered and has no title deed holder. If that is confirmed, they will then charge you a further £2,500 per acre outside of London, and £10,000 per acre within London as a finder’s fee.

They claim that all you need is a Statutory Declaration form signed by a solicitor to take possession of the land, which is simply not true. These ‘influencers’ will often ask for money upfront, via bank transfer, before they deliver any legal documents for solicitors to look over.

It is important for individuals to never trust advice they see online regarding adverse possession of land, if you are considering this option, it is always best practice to speak with a legal professional beforehand from solicitors to avoid scams.

How to spot fraudulent claims

Anybody that is promising to get you land for a fee tends to be fraudulent. Often, large lump sums of money are sent to these people, just for them to have never submitted any paperwork, or the paperwork is not suitable for their needs.

There is no way that anybody can claim land at any time under 10 years legally, it is almost always fraud if someone is offering this service.

It is imperative to get in touch with a solicitor if you want to acquire any land through adverse possession.

Please get in touch with us if you are considering contacting one of these ‘influencers’ we can advise you on the correct way of gaining adverse possession.

Our talented team of solicitors are here to help you gain land officially through adverse possession, the correct way.

For legally sound advice on adverse possession or help registering your land to protect it from fraudsters, get in touch today!