Adverse possession: What charities need to know

Charity trustees have duties to protect the charity's assets, including any land it owns. While it may seem unlikely, charities can and do lose land through adverse possession, particularly where land is unregistered or not actively monitored.

In this article, we explain:

• What is adverse possession
• When it can happen
• The risks to your charity
• Practical steps to protect your land

What is adverse possession?

Adverse possession is how a third party, commonly known as a "squatter", can acquire the right to be registered as the owner of land.

This concept is based on the idea that land should not remain unused or neglected, and individuals who actively possess, maintain and or improve land should be given the opportunity to acquire legal rights to it over time.

Why is it a risk for charities?

If a valid claim is made:

• You could lose ownership and control of the property.
• You may face costly legal fees to defend ownership rights in court.
• You could be liable for the applicant's costs if they are successful.
• The land's value and future development potential may be reduced.

Unregistered land is particularly vulnerable, as there may be no formal notice to the charity if a claim is made.

When can adverse possession occur?

For a claim to succeed, the occupier must show:

• Possession without permission – they must be using the land "as of right", without force, secrecy or with consent.
• Factual possession – they must be exercising a sufficient degree of exclusive physical custody and control over the land, treating it as an owner would (we discuss this in further detail in the next section).
• Intention to possess - they must intend to use the land as their own and to exclude of all others, including the owner.
• Continuous/uninterrupted for a specified period. The requisite periods are:
  • 10 years if the land is registered with the Land Registry and the period of occupation ended after 13 October 2003.
  • 12 years if the land is registered and the period of occupation ended before 13 October 2003; or the land is unregistered.

Warning signs to look out for

Regular inspections are key and these are the types of things you would be looking for:

• fencing or barriers being put up around the land;
• locks added to gates and entrance/exits;
• signs of maintenance/improvements e.g. paving being renewed, the grass being trimmed.

These can all indicate someone is asserting control over the land.

Recent legal updates

A recent Court of Appeal decision, on the case Nazir v Begum in 2025, clarified that even if the original owner has passed away and the property is in an unadministered estate, it can still be acquired by adverse possession, as "statutory trusts" (where personal representatives hold the land) do not shield it from these claims.

In short, charity trustees cannot assume inherited or estate-held land is safe from adverse possession.

How to protect charity land

• Carry out regular inspections – at least once a year or more regularly for higher-risk sites.
• Maintain clear boundaries – repair fences and gates promptly. Ensure access points are secure.
• Display ownership – put up clear "Private Land " signage.
• Formalise any use – put in place written permission to prevent use becoming "adverse".
• Act quickly - if you suspect someone is asserting control over land, seek legal advice immediately. Or if a claim is made, act promptly to submit a counter-notice to prevent the land from being transferred.
• Register your land – the best protection is to register your land. Registered land ensures you are notified of claims. Unregistered land may leave you unaware until it is too late.
• Ensure the address for notifications with the Land Registry is kept current.

Need help?

The key takeaway is that adverse possession is not just a theoretical risk, it can and does affect charities. The best protection is active management, clear ownership and early action.

If you would like further information relating to adverse possession or assistance with registration of charity land, please contact Kathryn Cooling in the Charity Property team.