Adverse Possession

Adverse possession means that someone takes occupation or possession of land in a way that is inconsistent with the rights of the true owner.  If this physical control over the land lasts for an uninterrupted period of at least twelve years, with the intention to possess it to the exclusion of all others, then the title (or ownership) of the original owner is extinguished.  This can apply with both registered and unregistered land.

In a recent case before the European Court of Human Rights (JA Pye (Oxford) Land Ltd v United Kingdom, November 2005), it was decided that this doctrine of adverse possession was a violation of Article 1 of the First Protocol to the Convention – that is the right to peaceful enjoyment of possessions.

The UK Government has appealed against this decision to the Grand Chamber. The appeal was heard on 8 November 2006 and judgement was delivered on 30 August 2007. The Grand Chamber held in favour of the UK Government by a majority of ten votes to seven that the deprivation of ownership of land without compensation through the operation of adverse possession was not a violation of Article 1 of the First Protocol to the Convention.

The legal position in Northern Ireland has been considered by the Civil Law Reform Division in light of this decision and it is considered that legislative reform is not considered necessary at this time.

Back to Current Projects