Adverse possession – does a fence matter?
Adverse possession (commonly known as “squatter’s rights”) is continuously using land which is owned by someone else, as your own for a period of time, and then applying to be registered as the legal owner of the land.
The land must be used exclusively by you without any objection from the owner of the land. If the land is not already registered at the Land Registry, you can apply to be the legal owner of the land after 12 years. If the land is registered, then you can apply to be registered after 10 years of using the land.
For a successful adverse possession claim, and to be registered as the owner of the land, one of the elements which has to be proven, is that you have been in physical possession of the land.
One of the best ways to prove you have physical possession of the land is to fence off or otherwise enclose the land. However, in the recent case of Thorpe v Frank 2019 EWCA Civ 150, the Court of Appeal seemed to suggest that this is no longer an essential precondition to making a claim for adverse possession, as the court decided the act of laying paving slabs on the ground was sufficient evidence to show physical possession of the land which gave the person the ability to be registered as the legal owner.
In Thorpe v Frank, Mrs Thorpe had paved a triangular plot of land in approximately 1986 and regularly parked her car on the land. The land however, was actually owned by her neighbours, Mr and Mrs Frank. The dispute arose when Mrs Thorpe placed a fence over the land. Mrs Thorpe stated she regularly power washed the area, picked up litter from it and removed weeds which grew there. She also stated she had not had any objections to using the land from Mr and Mrs Frank during their ownership of the Property from 2012, nor from the previous owners.
The previous owners included Mrs Frank’s Mother, who owned the property from 1995 to 2012 before giving it to Mr and Mrs Frank in 2012. Mr and Mrs Frank claimed Mrs Thorpe did not have exclusive use of the land as they had regularly driven over the land, including before they owned their property when they visited Mrs Frank’s Mother. The Court of Appeal held although the fencing of the land was a clear way to show possession, the fact Mrs Thorpe had taken up the old surface, dug the land up, put down hardcore and laid slabs, were the typical actions of an owner of the land, which interfered with the Mr and Mrs Frank’s (and the previous owners before them), ownership of the land. Therefore, Mrs Thorpe was entitled to be registered as the true owner of the land.
This case demonstrates that the lack of fencing or enclosing over an area of land specifically will not prevent a claim for adverse possession. This decision could potentially mean more cases being able to make a successful claim for adverse possession, provided the person making the application is still able to prove they have acted in a way typical of an owner of the land.
The above is a brief guide to recent case law on the subject of adverse possession. If you would like more information on this subject, or advice about buying or selling your residential property, please do not hesitate to contact us.

Joshua Watkins
Head of Residential Property
Sign up
Enter your email address for legal updates on Property & Construction Law.
Latest News & Insights
Commercial property lease – the dangers of not taking legal advice
There are lots of costs involved for a tenant when considering taking a commercial property lease...
Rent Review – how does it work?
This article on Rent Review is the third in Herrington Carmichael’s series of articles explaining...
Stamp duty holiday pressures causing professional negligence claims
2021 saw a hectic 12 months for the housing market. Demand for moving home soared with buyers...
Rising cost of construction contracts – impact on contractors and clients
In recent years, the construction industry has been hit with a torrent of obstacles, seeing prices...
Tenant Liquidation – A Guide for Commercial Landlords
There has been significant focus recently of the effect of tenants unable to operate their...
Calling all landlords – serving valid notice
With 4.43 million private renters in 2021, it is easy to understand why property investment is so...
Commercial Property Team
Top Legal Insights
Contract Law
Material Breach of Contract
What is a ‘material’ breach of contract by a party to a commercial contract? This is a critical issue regularly considered by the courts. What constitutes a material breach and what are the remedies?
Property Law
Commercial Lease: The Financial impact on Landlord and Tenant
Coronavirus (COVID-19) and the restrictions now in place to control its spread, are having a significant effect on many business sectors.
Divorce and Family Law
Divorce in Lockdown: Can I get some discreet legal advice?
We have spoken to clients who are unfortunately experiencing some family issues, and would like to obtain expert legal advice, yet don’t know how...
Land & Property Dispute
Restrictive Covenants – The Price of Modification
Having identified that your land is burdened by a restrictive covenant and for the purposes of this article the covenant in question will be that only one residential building can be erected on the land. What do you do next?
Award winning legal advice
We are solicitors in Camberley, Wokingham and London. In 2019, Herrington Carmichael won ‘Property Law Firm of the Year’ at the Thames Valley Business Magazines Property Awards, ‘Best Medium Sized Business’ at the Surrey Heath Business Awards and we were named IR Global’s ‘Member of the Year’. We are ranked as a Leading Firm 2022 by Legal 500 and Alistair McArthur is ranked in Chambers 2021.








Camberley
Building 2 Watchmoor Park, Riverside Way, Camberley, Surrey GU15 3YL
+44 (0)1276 686 222
Ascot (Appointment only)
102, Berkshire House, 39-51 High Street, Ascot, Berkshire SL5 7HY
+44 (0)1344 623388
London (Appointment only)
60 St Martins Lane, Covent Garden, London WC2N 4JS
+44 (0)203 326 0317
Wokingham (Appointment only)
4 The Courtyard, Denmark Street, Wokingham, Berkshire RG40 2AZ
+44 (0)118 977 4045
Our Services
Corporate Lawyers
Commercial Lawyers
Commercial Property Lawyers
Conveyancing Solicitors
Dispute Resolution Lawyers
Divorce & Family Lawyers
Employment Lawyers
Immigration Law Services
Private Wealth & Inheritance Lawyers
Startups & New Business Lawyers
© 2022 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.
Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority.
Privacy Policy | Legal Notices, T&Cs, Complaints Resolution | Cookies
Client Feedback | Diversity Data