Excellent experience start to finish – always very responsive to any queries and the turnaround on the property I was buying was very quick, even in the busy time leading up to stamp duty deadline. Jenny was always very helpful and went above and beyond to close on a short timescale.
There is a saying that possession is nine tenths of the law, or in this instance adverse possession was nine tenths of the lawn.
Imagine you have been mowing a small strip of grass between your house and your neighbour’s for years — tidying it up, treating it as your own front garden. You never questioned whose it was. Then one day, a boundary dispute arises and you discover that strip is actually registered in your neighbour’s name.
Could all those years of mowing and maintaining actually count in your favour? According to a landmark ruling handed down by the Upper Tribunal (Lands Chamber) in February 2026, the answer may well be yes.
Here, Sarah Taylor, Property Litigation Solicitor at Davis Blank Furniss, explains what the decision means for homeowners in England and Wales.
What Is Adverse Possession?
Adverse possession — sometimes called “squatter’s rights” — is a legal principle that allows a person to claim ownership of land that they have been openly occupying and treating as their own, even if that land is registered in someone else’s name
Adverse possession is not the same as trespassing or taking land unlawfully. It is a formal legal process, governed in England and Wales by the Land Registration Act 2002, which recognises that someone who has genuinely been in possession of land for a significant period of time may have a legitimate claim to own it.
Adverse possession is also entirely separate from boundary disputes resolved by title deeds or planning records. It is about physical, factual use of land over time.
How Does Adverse Possession Work for Registered Land?
The rules differ depending on whether land is registered or unregistered. The vast majority of residential properties in England and Wales is now registered at HM Land Registry, so the rules under the Land Registration Act 2002 are the ones that most homeowners need to understand.
Under Schedule 6 of the Land Registration Act 2002, a person may apply to be registered as the owner of land if they can demonstrate:
- They have been in adverse possession of the land for at least ten years, and
- They reasonably believed throughout that period that the land belonged to them.
It’s important to remember that the ten-year period does not need to begin with you. If a previous owner of your property was also in possession of the disputed land, their period of possession can be added to yours — as happened in the 2026 case discussed below.
The 2026 Case: Dobson v Unsted — What Happened?
In Dobson and another v Unsted and another [2026] UKUT 93 (LC) https://www.iclr.co.uk/document/2026001444/2026ukut93lc_TNA/html the Upper Tribunal (Lands Chamber) considered a dispute over a small triangle of land — roughly one metre by two metres — situated between two neighbouring houses (No. 27 and No. 29).
The disputed land was registered to the owner of No. 27 (the Unsteds). However, since 2002, the owners and occupiers of No. 29 had mowed and maintained it as part of their front garden. When the current owners of No. 29 (the Dobsons) acquired the property in 2009, they continued doing the same. Over the years they also planted herbs and a flowerbed, replaced topsoil, and placed a house number sign on the land.
Crucially, a former owner of No. 27 gave evidence that she had not even been aware the land existed and had never maintained it. Former tenants of No. 27 confirmed they had always understood the strip belonged to No. 29.
What Did the First-Tier Tribunal Decide?
The First-Tier Tribunal (Property Chamber) initially found that adverse possession had only been established from 2018 — the year the Dobsons planted a flowerbed. It considered the earlier mowing and maintenance insufficient on its own. The Unsteds appealed the decision to the Upper Tribunal.
What Did the Upper Tribunal Decide?
The Upper Tribunal disagreed with the decision of the First Tier Tribunal and allowed the appeal. It held that adverse possession had been established for at least ten years, starting well before 2018.
The Upper Tribunal applied an important legal principle: the nature of the land dictates what acts are sufficient to establish factual possession. For a small, open-plan strip of front lawn, mowing the grass and keeping it tidy is precisely what an occupying owner would be expected to do. That was enough.
The Upper Tribunal also confirmed that acts of possession must be assessed together, not in isolation. The First-tier Tribunal had made an error by looking at each activity separately — children playing, planting, topsoil replacement — rather than considering the full picture of occupation.
What Does “Factual Possession” Actually Mean?
To succeed in an adverse possession claim, the applicant must show factual possession — that they have dealt with the land in the manner an occupying owner would be expected to, and that no one else has done so. Essentially, they have treated the land as their own.
What counts as factual possession depends entirely on the nature of the land in question. The 2026 ruling makes this especially clear:
- For a small strip of open front lawn: regular mowing and maintenance can be sufficient.
- For agricultural land: farming, fencing, or grazing livestock would be relevant acts.
- For rough ground: clearing, landscaping, or fencing might be required.
- For a driveway or paved area: regular use and maintenance could count.
There is no single test. What matters is whether the conduct is consistent with how a reasonable owner of that particular piece of land would behave.
What This Means for Homeowners in England and Wales
This ruling is significant for two very different groups of homeowners.
If You May Have a Claim
If you have been maintaining, using, or treating a piece of land adjacent to your property as your own for ten or more years — and you genuinely believed the piece of land was yours — you may have grounds to apply to be registered as its owner.
The key questions to ask yourself are:
- Have I (or the previous owners of my property) been in continuous possession of the land for at least ten years?
- Did I genuinely believe throughout that the land was mine?
- Have I been maintaining it or using it in the way that an owner would?
- Has the registered owner (or anyone else) ever maintained or used it themselves?
If the answers point in your favour, it is worth taking legal advice to explore whether a formal application to HM Land Registry is appropriate.
If You Are the Registered Owner
This case is also a warning. If there is a strip of land on your registered title that you have not been actively using or maintaining, someone else may be building a case to claim it.
If you become aware that a neighbour is asserting a right over land you own, you should take legal advice promptly. There are steps you can take to protect your position, including lodging a formal objection with HM Land Registry.
Frequently Asked Questions
Can mowing a neighbour’s lawn really lead to a claim for adverse possession?
Yes — in the right circumstances. The 2026 decision of Dobson v Unsted confirms that for a small, open-plan strip of lawn, regular mowing and maintenance can establish factual possession. It depends on the nature of the land and whether all other requirements of the adverse possession test are also met.
How long do I need to have been using the land?
For registered land in England and Wales, the minimum period is ten years of adverse possession, during which you must also have reasonably believed the land was yours. Previous owners’ periods of possession can be combined with yours.
Does the ten-year clock start from when I bought the property?
Not necessarily. If the previous owners of your property were also in adverse possession of the disputed land, their time counts too. The period runs from when continuous possession began, regardless of changes in ownership.
What if I did not know the land was not mine?
This is actually helpful to your claim. Schedule 6 of the Land Registration Act 2002 specifically requires that you reasonably believed the land belonged to you during the ten-year period. Genuine belief in ownership is a requirement, not an obstacle.
What happens if the registered owner objects to my application?
If the registered owner objects, the application is referred to the First-tier Tribunal (Property Chamber) for determination. It is strongly advisable to have a solicitor representing you at this stage.
Does this apply across the whole of the UK?
No. Adverse possession law differs across jurisdictions. The rules described in this article apply in England and Wales only, under the Land Registration Act 2002. Different rules apply in Scotland and Northern Ireland.
—
Whether you are considering making a claim or protecting land you own, adverse possession disputes require specialist legal advice. The rules are technical, the timescales matter, and the consequences of getting it wrong can be serious. Myself and the property litigation team at Davis Blank Furniss act for homeowners and landowners in England and Wales. We offer clear, practical advice tailored to your situation. Contact us today on 0800 0284 396 to arrange a consultation.
