Adverse Possession

frank.s · 2 Oct 2019

I have become aware of a small building in a woods near my property. It is fairly new & there is a guy living there. But the land does not have planning permission being for coppicing and/or recreational use. Does anybody know anything about adverse planning permissions.

How long does this building have to be there to be eligible for adverse permission?
How big does it need to be to be eligible as a "dwelling"?
And on getting permission (after 4 years I believe) would he be able to "extend" it into a larger house?

I don't mind a small property next door. It is pretty out of the way. But I don't want it expanding and expanding against the law.

How does this work?

mattylad · 3 Oct 2019

If you want to complain, if you want to force it to be removed then contact your local planning dept.
If you don't want to complain then do nothing.

Have a look at

the building owner may have.

Newboy · 3 Oct 2019

You need be clear on what you think may be happening.

Adverse possession suggests that you believe the owner of the building is not the owner of the land

By 'Adverse planning permission' you may mean 'unauthorised development' or 'retrospective planning application'

StephenStephen · 3 Oct 2019

Maybe go and say hello?

^woody^ · 3 Oct 2019

I've had a few adverse planning permissions

Newboy · 3 Oct 2019

^woody^ said:
I've had a few adverse planning permissions

That'll be a 'negative profitability' situation or an 'adverse patient outcome' type scenario

LukeB123 · 3 Oct 2019

frank.s said:
I have become aware of a small building in a woods near my property. It is fairly new & there is a guy living there. But the land does not have planning permission being for coppicing and/or recreational use. Does anybody know anything about adverse planning permissions.

How long does this building have to be there to be eligible for adverse permission?
How big does it need to be to be eligible as a "dwelling"?
And on getting permission (after 4 years I believe) would he be able to "extend" it into a larger house?

I don't mind a small property next door. It is pretty out of the way. But I don't want it expanding and expanding against the law.

How does this work?

You are getting a little confused. "Adverse possession" isn't really much to do with planning or planning permission; It's just to do with ownership of the land. (Off the top of my head its about 16 years you need to have occupied land to claim adverse possession?)

As Newboy pointed out, you're probably looking at retrospective planning permission, or the point at which something (a small building etc) would be exempt from planning enforcement action... So to answer your questions:

How long does this building have to be there to be eligible for adverse permission?- Needs to be complete and in situ for 4 years - the onus would be on the applicant to prove the 4 years or more timeframe for it to become exempt.

How big does it need to be to be eligible as a "dwelling"? No specified size. You can go by some British Standards, but in planning terms there isn't any definition of size in regards to a dwelling.

And on getting permission (after 4 years I believe) would he be able to "extend" it into a larger house?. I guess so, it would gain the standard permitted development as a standard residential property unless it's on Article 2(3) land (conservation areas, heritage sites etc.)

There is also the concealment rule that may come into play, whereby someone conceals development hoping to get it past the 4 year rule.. If it is just randomly in the woods, I'd say that's not going to play a part though, unless down the line they clear access roads / paths etc. to the property.

Tigercubrider · 3 Oct 2019

you must claim adverse possession with the land registry and they will contact the registered owner.
Only if the registered owner doesn't reply will the squatter have a chance.

Nige F · 3 Oct 2019

It used to be relatively easy - people in my town have gained bits of garden from an old rail line - closed in 1967- and @ least 2 decades later made into a "trail" Nothing could be done then

but to be fair no one actually possessed right across the trackbed. Conversely, before the law was tightened, there was a patch of land on an estate un developed, ripe for Ad Po. and no one sussed it. Then a few years ago the builders bought out some of their original garages (in a block) and put up 6 houses overlooking the ones that could have Ad Po'd it.

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Adverse Possession

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