Adverse Possession Notice —
Boundary Encroachment Protection for Registered Land

Adverse possession is a legal process under the Land Registration Act 2002 by which a person who has occupied registered land for 10 continuous years without the owner's consent can apply to HM Land Registry (Form ADV1) to be registered as the new owner. The existing registered owner is notified using Form NAP and has 65 working days to object. If no objection is made, the applicant may be registered in place of the original owner.

Acting before 10 years have elapsed is the most effective way to defeat a claim.

Property encroachment (also called land encroachment or boundary encroachment) is when a neighbour's structure — such as a fence, shed, garden wall, driveway, outbuilding, or extension — crosses your registered land boundary onto your property. If left unchallenged for 10 continuous years, the encroachment can give rise to an adverse possession claim under the Land Registration Act 2002.

A Boundary Encroachment Notice is a formal written letter asserting your registered title over land being encroached upon by a neighbour. When served by Royal Mail Special Delivery, it removes the 'without consent' element of an adverse possession claim — an essential condition that must be satisfied before any application to HMLR can succeed.

It also defeats the Third Condition reasonable-belief argument under paragraph 5(4) of Schedule 6 to the Land Registration Act 2002 and creates a permanent, dated paper trail of your objection.

The most effective step is to serve a formal Boundary Encroachment Notice on the registered owner of the neighbouring property by Royal Mail Special Delivery Guaranteed. Keep the certificate of posting and delivery confirmation permanently.

This removes the 'without consent' element that is essential to any adverse possession claim, and creates a provable legal paper trail. Act before 10 continuous years of occupation have elapsed — once an ADV1 application is made to HMLR, you only have 65 working days to object before the land may be transferred.

If fewer than 10 continuous years have passed since the fence was erected over your boundary, serving a Boundary Encroachment Notice now removes the 'without consent' element and resets the adverse possession clock. The notice must be served on the registered owner (not just the occupier) by Royal Mail Special Delivery Guaranteed, with proof of postage retained.

To confirm the exact registered boundary position, order an HMLR Title Plan or use the GPS Boundary Report to see where the registered line sits on the ground.

Under the Land Registration Act 2002 (which applies to registered land), the claimant must have been in factual possession with the requisite intention to possess for at least 10 continuous years. They then apply using Form ADV1. HMLR notifies the registered owner using Form NAP. The owner has 65 working days to serve a formal objection — if they do, the application is rejected and the 10-year clock resets.

The older 12-year limitation period under the Limitation Act 1980 does not apply to registered land for claims arising after 13 October 2003.

No. A Boundary Encroachment Notice is a written document and does not require a solicitor to be legally effective. The key requirements are that it clearly asserts your registered title over the encroached land, names the encroaching party, and is served by a method that provides proof of delivery — Royal Mail Special Delivery Guaranteed is the recommended method.

However, if the encroachment is part of an active dispute or if legal proceedings are likely, consulting a property solicitor is advisable.

The primary documents are your HMLR Title Register (confirms your ownership and title number) and HMLR Title Plan (shows the registered boundary extent edged in red on an OS base map). Together, these are the official evidence of the registered title. You can order both as official copies from HM Land Registry via BoundaryFinder. A GPS Boundary Report can additionally show the general extent of the registered line on the ground — indicative GPS coordinates useful as supporting context, but not a boundary determination.