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 is what this pivotal decision means for homeowners in England and Wales.

What Is Adverse Possession?

Adverse possession, sometimes colloquially 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.

It is crucial to understand that adverse possession is not the same as trespassing or taking land unlawfully. It is a formal legal process governed by the Land Registration Act 2002, which recognises that someone who has genuinely been in possession of land for a significant period may have a legitimate claim to own it.

Furthermore, adverse possession is entirely separate from boundary disputes resolved by title deeds or planning records. It relies entirely on the 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. Because the vast majority of residential property in England and Wales is now registered at HM Land Registry, the rules under the Land Registration Act 2002 are the most relevant for homeowners.

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 two key criteria:

• Continuous Possession: They have been in adverse possession of the land for at least ten years.
• Reasonable Belief: They reasonably believed throughout that ten-year period that the land belonged to them.

Important Note: 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 legally added to yours.

The 2026 Case: Dobson v Unsted — What Happened?

In the recent case of Dobson and another v Unsted and another [2026] UKUT 93 (LC), 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 owners 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 that the land existed and had never maintained it. Former tenants of No. 27 confirmed they had always understood the strip belonged to No. 29.

The Upper Tribunal’s Ruling

While the First-Tier Tribunal initially found that adverse possession had only been established from 2018 (when the flowerbed was planted), the Upper Tribunal allowed the appeal, ruling that adverse possession had been established for at least ten years prior.

The Upper Tribunal applied a vital 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.

They also confirmed that acts of possession must be assessed comprehensively, not in isolation. Looking at each activity separately, children playing, planting, topsoil replacement, is an error; the full picture of occupation must be considered.

What Counts as “Factual Possession”?

To succeed in an adverse possession claim, the applicant must show “factual possession.” This means they have dealt with the land in the manner an occupying owner would be expected to, and that no one else has done so. There is no single test; conduct must simply be consistent with how a reasonable owner would behave.

Based on the 2026 ruling, factual possession is contextualised by the land type:

• 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.

What This Means for Homeowners in England and Wales

If You May Have a Claim

If you have been maintaining or using land adjacent to your property for ten or more years, and genuinely believed it was yours, you may have grounds to apply for ownership. Ask yourself:

• Have I (or previous owners) been in continuous possession for at least 10 years?

• Did I genuinely believe the land was mine throughout that time?

• Have I maintained it the way an owner would?

• Has the registered owner ever stepped in to maintain it?

If the answers point in your favour, seek legal advice to explore a formal application to HM Land Registry.

If You Are the Registered Owner

This case serves as a strict warning. If there is a strip of land on your registered title that you are not actively using or maintaining, a neighbour could be building a legal case to claim it. If you suspect a neighbour is asserting a right over your land, take legal advice promptly. You can protect your position by 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. 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, provided all other requirements of the adverse possession test are 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 continuous adverse possession. During this time, you must have reasonably believed the land was yours.

Does the ten-year clock start from when I bought the property?

Not necessarily. The period runs from when continuous possession began. If the previous owners of your property were also in adverse possession of the disputed land, their accumulated time can be legally combined with yours.

What if I did not know the land was not mine?

This is actually required for your claim. Schedule 6 of the Land Registration Act 2002 states that you must have reasonably believed the land belonged to you during the ten-year period. A 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, HM Land Registry refers the application to the First-tier Tribunal (Property Chamber) for determination. It is strongly advisable to instruct a specialist property litigation solicitor at this stage.

Does this apply across the whole of the UK?

No. Adverse possession law differs across jurisdictions. The rules described here apply strictly to England and Wales under the Land Registration Act 2002. Scotland and Northern Ireland have different legal frameworks.

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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.