Adverse Possession & Land Registration: Supreme Court Hands Down Decision as to Interpretation of Ten-Year Period of Reasonable Belief of Ownership (Brown v Ridley – 2025)

The Supreme Court has handed down its decision in Brown v Ridley [2025], determining whether a ten-year period of a reasonable belief as to ownership within a period of adverse possession, but ending before the application for registration was made, was sufficient to support registration.

The background

Brown v Ridley [2025] concerned a parcel of land in County Durham, purchased by Mr Brown in 2002 (the “Brown Land”). The Ridleys are the registered proprietors of the neighbouring land, purchased by them in 2004 (the “Ridley Land”).

The previous owner of the Ridley Land erected a fence and hedge along what they had assumed to be the boundary between the Brown Land and the Ridley Land. It was agreed between the Browns and the Ridleys that this had in fact included part of the Brown Land. The Ridleys occupied and used this disputed area as a garden, and later as part of the site for the construction of a new house. The fence and hedge were removed to make way for the house’s construction.

Following service of a notice by Mr Brown on the Ridleys stating that he considered the works to be in breach of the Party Wall etc. Act 1996, in December 2019 the Ridleys applied for registration of the land on the grounds of adverse possession. Mr Brown objected to the registration, and the matter was referred to the First-tier Tribunal.

The FTT found in favour the Ridleys, concluding that the Ridleys been in adverse possession since 2004, and reasonably believed they owned the land until February 2018, when they made their application for planning permission to construct the property.

Mr Brown won on appeal in the Upper Tribunal, successfully arguing that the ten year “reasonable belief” period ended on, and should exist until, the date of the application for registration. The Ridleys appealed directly to the Supreme Court.

The decision

The Supreme Court allowed the Ridleys’ appeal, finding that a ten-year period of reasonable belief of ownership, comprising “any ten years” within the period of adverse possession, was sufficient for registration under Sch 6 para 5(4)(c) of the Land Registration Act 2002.

The Supreme Court was asked to consider the interpretation of para 5(4)(c) and whether this referred to ten years ending on the date of the application for registration, or any ten year period.

The provision states:

“If an application under paragraph 1 is required to be dealt with under this paragraph, the applicant is only entitled to be registered as the new proprietor of the estate if any of the following conditions is met.

(4) (c) for at least ten years of the period of adverse possession ending on the date of the application, the applicant (or any predecessor in title) reasonably believed that the land to which the application relates belonged to him…”

The provision refers to “reasonable belief”.

Mr Brown argued that the ten-year period should end at that point of registration. This interpretation meant that, if the Ridleys’ “reasonable belief” ended at the point at which they applied for planning permission, they needed to apply for registration immediately (allowing for a de minimis brief grace period). This approach conflicted with other “grace period” provisions relating to adverse possession, and the Supreme Court felt that this approach made the provisions contained at Sch 6 para 5(4)(c) ineffective.

The Ridleys argued that the wording of the provision suggested a period of “any ten years” within the period of adverse possession was correct.

The Supreme Court found that the Ridleys’ interpretation was more reflective of the wording of Sch 6 para 5(4)(c), deciding that the ten-year period of reasonable belief did not need to extend to the date of application for registration. Applicants can rely on a continuous ten-year period of reasonable belief held within the total adverse possession period – in this case, from the date of purchase of the Ridley Land, up until the date of application for registration. The ten-year period did not need to elapse at the point of registration, although the Supreme Court did indicate that applicants should lodge an application promptly following the end of a period of reasonable belief.

Advice and action for landlords

This is an important point of reference for adverse possession registration applicants, allowing for some flexibility in the “ten year period” to allow for any ten year period during adverse possession, rather than the ten years immediately preceding an application for registration.

Any property owner is advised to be aware of potential boundary issues in relation to their property, resolving these before a claim for adverse possession can be made.