Brenda had just finished a Granny annex for her mum, Mavis to move into, when she receives a letter from her neighbour saying that part of the annex is on their land.  Brenda thought that area had always formed part of her garden.  Brenda investigated the boundaries and discovered that the neighbour might be correct.  What should Brenda do?

Brenda could make a claim for adverse possession which is where a person claims ownership of land that does not belong to them. To make such a claim Brenda must be able to prove that one of the following four criteria apply:-

  • The land is adjacent to land belonging to her.
  • The exact boundary line has not been determined.
  • For at least ten years during the period of adverse possession ending on the date of the application, Brenda reasonably believed the land belonged to her.
  • The estate was registered more than one year prior to the application.

The case of Brown v Ridley [2025] UKSC 7 is a decision by the UK Supreme Court that clarifies the interpretation of the “reasonable belief” requirement to be successful in adverse possession claims.

Background

Mr. Brown owned land adjacent to property owned by Mr. and Mrs. Ridley. A previous owner of the Ridleys’ property had erected a fence and planted a hedge in 2004, mistakenly incorporating a portion of Mr. Brown’s land into their property. The Ridleys used this disputed land as part of their garden and later as the site for a new house. In October 2019, Mr. Brown notified the Ridleys of the encroachment, leading them to apply for registration as proprietors based on adverse possession in December 2019. Mr. Brown opposed this application.

Tribunal Decisions

At first instance, the Tribunal decided that any 10-year period of reasonable belief would be enough, so in this case, the fact that the Ridleys’ reasonable belief was between 2004 and 2018 with the application being made in 2019, was enough for the application to be successful.  On appeal, however, the Upper Tribunal required the 10-year period to be the immediate 10 years prior to the date the application being made.

Supreme Court Judgment

The Supreme Court held that the ten-year period of reasonable belief does not need to immediately precede the application date. Instead, any ten-year period of reasonable belief during the adverse possession suffices.

What does this mean for the Granny annex?

Helpfully, this means that Brenda does not need to make the application as soon as the 10-year period of reasonable belief is up.  Under the wording of the law originally, the moment Brenda realises that she does not own the area of land, she would have to make an application. Under the new interpretation, Brenda can take legal advice, properly consider the boundary and her options before making the application.

Adverse possession can be confusing, let Mewies Solicitors cut through the jargon and help you navigate the legal process.

For more information contact Sam Abdoollah at Mewies Solicitors on 01756 799 000.