The introduction of the Land Registration Act 2002, and more recently a European Human Rights case ruling have made the acquisition of land by adverse possession or via "squatters rights" more difficult.

The European Courts have now held that notwithstanding the English court's approach to adverse possession that it may be a breach of the original landowner's human rights for that land owner to lose the title to land. The approaches and formalities that must be taken to consider whether land can now be acquired by adverse possession are considerably more complex and there are more hurdles to be overcome. Some commentators are taking the view that the opportunities for the acquisition of land even after many years of adverse possession are, at best, limited and at worst at an end.

If you are a land owner who has lost land due to another's continued and long-term occupation, or have occupied land without the owner's consent, we can guide you through the formalities that now apply. Please contact David Taylor for further details.