More on adverse possession : Brown (Respondent) v Ridley & Another [2025] UKSC

If you own a home, are thinking about buying one, or have ever wondered what happens when two neighbours disagree about a boundary, there is a new Supreme Court decision you should know about. It’s called Brown (Respondent) v Ridley & Another [2025] UKSC 7, and it has changed how the law looks at certain types of property ownership disputes.

This might sound technical, but it could affect real people in very practical ways especially if you are dealing with boundary lines, fences, or pieces of land that someone has been using for a long time.

What Was the Case About?

The case of Brown (Respondent) v Ridley & Another [2025] UKSC 7 was about a legal concept known as adverse possession – sometimes referred to as “squatters’ rights.”

Adverse possession happens when someone takes control of land they don’t legally own for example, they may have fenced it off, maintained it, or treated it as part of their own garden and after a certain number of years, they try to become the legal owner.

Under the Land Registration Act 2002, one of the key requirements for making such a claim is that the person must have reasonably believed, for at least ten years, that the land actually belonged to them.

The Question Before the Supreme Court

The main question in Brown was this Does the ten-year period of belief have to be the ten years immediately before the application is made?

In simpler terms, what if someone honestly thought a piece of land was theirs for ten years, but then later discovered it was not can they still make a claim even though some time has passed since that belief ended?

What the Supreme Court Decided

The Supreme Court decided yes, the ten-year period of belief does not have to be the ten years immediately before the application.

The Court held that as long as the person reasonably believed the land was theirs for at least ten years at any point during the time they occupied it, their claim can still succeed.

That means there can be a gap between when they held that belief and when they apply to be registered as the owner. What matters is that the belief was genuine, lasted at least ten years, and related to the land in question.

Why This Matters for Home Buyers

Although this decision sounds quite technical, it has important real-world consequences for home buyers and property owners.

• Boundary disputes: If there’s any confusion about where your boundary line really lies for instance, if a fence or hedge is slightly over the line this ruling could influence how such issues are decided.

• Historic use of land: If a neighbour (or a previous owner) has been using part of your land for many years  maybe a strip at the side of the garden or a shared driveway they might have a stronger case to claim ownership than before.

• Title checks: Conveyancers (the lawyers who handle property transactions) will now need to be even more careful when reviewing title plans, checking historic use of the property, and identifying potential boundary or ownership risks before a purchase is completed.

What You Can Do as a Home Buyer or Owner

1. Check your title plan carefully – Make sure the boundaries on the Land Registry plan match what you see on the ground.

2. Look for warning signs – Fences, hedges, or structures that don’t line up with the official plan may need investigation.

3. Ask questions early – When buying a property, ask your conveyancer to confirm whether there are any known boundary disputes or irregularities.

4. Act quickly on encroachments – If you notice a neighbour using part of your land, it’s better to address it sooner rather than later.

The Supreme Court’s decision in Brown shows how property law continues to evolve and how important it is for homeowners and buyers to understand what lies within their property boundaries.

Even though this ruling may seem technical, it highlights a simple truth, small strips of land can cause big headaches. By being proactive, seeking advice, and understanding your boundaries, you can protect your home and avoid unnecessary disputes in the future.