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Read more articles in: Blog, Dispute Resolution, Lorraine Walker
8 September 2026
Knowing where your property begins and ends sounds like something every property owner would know, but the reality is often quite different.
Mistakes can be made with boundaries, or parts of land that you did not realise were yours could be being used by other people.
Adverse possession disputes often arise when you come to buy or sell property, but they can manifest at any point if you do not carefully maintain the boundaries of your property.
Knowing how to protect what is yours is a vital legal necessity if you wish to mitigate the risk of adverse possession disputes.
There are many reasons why an adverse possession dispute might occur, but all of them stem from a lack of awareness and maintenance of property boundaries.
One of the most common examples is the incorrect placement of fences or boundary walls.
While it might not seem like a major disaster, being slightly off with where these dividing features are placed could see you lose part of your land to a neighbour or accidentally annex part of their property.
Your prized hydrangeas could be on land that you do not own and it may only come to your attention when the neighbour sells their property and the new buyer seeks to reclaim their land.
On the other end of the spectrum, entire pieces of land or even buildings could fall into an adverse possession dispute if their utility is not managed.
A third party could establish themselves on a part of your property that you have neglected and they may work towards a legal claim of the land if they can demonstrate continuous use for a decade.
If you own any property, it is best to determine whether you are utilising the full extent of what is yours or whether someone else has already encroached upon it.
This can be done by collecting the title deeds and boundary plans connected with the property, as well as any historic photographs that may demonstrate how the property previously appeared.
You may discover that you have been using a part of someone else’s land in error, at which point you should seek legal guidance on how best to proceed and whether you may have a claim to permanently own the land.
However, when you are the one whose land is being used against your will, you should be prompt in how you respond.
Getting legal advice as soon as you can may help to manage the situation, as leaving the situation unresolved for too long could weaken your case.
What will likely happen is that you will submit a counter-notice to prevent anyone else from gaining ownership of your land.
Where squatters are seeking to gain ownership of your property by using it for a solid decade, you have a few options to resolve the matter.
The best place to start is with a formal demand for the squatter to withdraw any claim they may make on your land, if you feel that you wish to retain ownership.
There might be a way to handle the situation through mediation if you wish to avoid court proceedings, but if you are both committed to the property, then court may be the best option.
You can have your case heard at the Property Tribunal, at which point the evidence you have gathered will be vital.
Some people decide that they do not wish to pursue any formal legal action to deal with squatters and would rather hand over the land, especially if it has been unused for so long.
It might be possible to negotiate a settlement that might permit the squatters to use the land while preserving your ultimate ownership.
All of these options are best discussed with a legal professional so you can be confident that you are approaching your unique situation in the most effective way.
Our team are on hand to support you at each stage of the adverse possession dispute process.
We know how emotionally charged these kinds of disputes can be, so we work to make sure you are well informed of your rights and responsibilities.
To avoid getting burdened with the stress of an adverse possession dispute, speak to our team today.
