Common Land - Adverse Possession

It seems that the government has indicated that "squatting" may be made illegal. It might be suggested, therefore, that so-called "squatters' rights", which are often the basis for adverse possession may become illegal. As far as common land is concerned the issue is whether the enclosure of such land is to become illegal...?

The adverse possession of common land which is registered under the Common Land legislation is explored in an "informal" guidance note updated and re-issued by DEFRA in March 2010. Briefly, the underlying message in the guidance is that whilst adverse possession against common land is possible it is not easy to achieve: in some instances it is not possible due, for instance, to statutory protection. Also, it indicates that in cases where title to the land by adverse possession is successfully gained any rights of commoners, eg to graze animals, are not extinguished. Furthermore any statutory public rights to walk or ride are similarly not extinguished by the new owner's adverse possessionary title.

Adverse possession of common land held by the National Trust is briefly explained in a short pamphlet entitled "Protecting National Trust common land". It states that any attempt to gain registered title, ie at the Land Registry of such common land is not legally possible and would be objected to by the National Trust.