Lawyer shares how your neighbour can legally own your land without permission

A lawyer has cautioned homeowners that neighbours can legally claim ownership of part of their land without consent under a little-known area of English property law. The warning was issued by legal commentator Kal, who outlined how adverse possession rules under the Land Registration Act 2002 can enable someone to become the rightful owner of land they have occupied for a number of years. Kal described the doctrine as "one of the more crazy doctrines in English law", explaining that if somebody occupies land openly, without permission and without challenge for a continuous period of 10 years, they may be able to apply to the Land Registry to become the owner. "Ten years. Ten years is all it takes," he said on his Better Call Kal YouTube channel.

He told his 18.6k followers that disputes frequently involve not vast swathes of land, but narrow strips between neighbouring properties that can nonetheless have a dramatic impact on a home's value. This comes as the legal rights for UK homeowners seeking to build a new greenhouse, shed or garage were recently clarified. Kal further explained: "We're not talking about acres here. The average boundary dispute in the UK is over just 2% of the average garden, a strip," he said. "But that strip can cost you tens of thousands of pounds in your land's value and years in court as well."

He explained that someone seeking to claim adverse possession generally needs to demonstrate three things: factual possession of the land, an intention to possess it, and a reasonable belief that the land belonged to them. The lawyer noted that this final requirement has taken on even greater importance following a Supreme Court ruling.

Turning to the February 2025 case of Brown versus Ridley, Kal outlined how the court determined that a claimant need only have reasonably believed the land was theirs during any 10-year period of occupation, rather than solely in the decade immediately preceding their application, reports the Liverpool Echo.

The case, he revealed, involved neighbours who had constructed an entire house on land that subsequently turned out to belong to someone else entirely. "Not a shed, not an extension, a whole house," he said. Kal cautioned that the ruling had significantly broadened the potential for disputes between neighbours.

"Now your neighbour could freely admit today, right now, that they know that land is not theirs," he said. "But yet they could still successfully claim it from you as long as there was any 10-year stretch in the past where they genuinely thought that it was."

He added: "That's the boundary dispute trap. And the Supreme Court just made it a lot wider."

The lawyer strongly advised homeowners to establish precisely where their legal boundaries lie, warning that far too many people fail to take action early enough when issues first arise. He urged property owners to acquire title plans from the Land Registry and commission professional surveys where required. "If you don't know exactly where your legal boundary is, go and get one," he said.

Kal clarified that title plans display only general boundaries and may lack the precision needed in disputed situations, making a chartered surveyor's report especially worthwhile.

"If there is any doubt, a chartered surveyor can determine for you the exact boundary lines," he said. He also cautioned homeowners to take swift action if they believe a neighbour is encroaching, whether through fences, sheds or pathways extending onto their property.

"The clock starts the moment they take possession unchallenged," he said. Kal urged people to record any concerns meticulously using photographs, measurements and written documentation, before approaching neighbours in a composed and formal manner rather than allowing matters to escalate.

"Instead of what is easy to some people which is an angry conversation over the fence, it's usually far better to send a clear written notice," he explained.

He noted that written permission can also safeguard homeowners if they knowingly permit a neighbour temporary access to their land. "A simple agreement like this with your permission means it cannot count as adverse possession," he said.

For disputes that cannot be settled informally, Kal explained that legal action may prove necessary, including claims for trespass, injunctions and damages. However, he warned that boundary litigation can be extraordinarily costly.

"Cases can easily run into tens of thousands of pounds in legal fees," he said. He emphasised that prevention and early intervention remain the strongest defence against adverse possession claims.

"If it's already happened, you still need to act now," he warned. "You can object to any adverse possession application at the Land Registry, but typically you only have 65 business days to respond once you've been notified."