The Court of Appeal Clarifies Adverse Possession in Nazir v Begum (2025)

A recent Court of Appeal case has confirmed that even after someone dies, their land can still be lost through adverse possession (what many people call “squatter’s rights”).

The case of Naeem Nazir and Another v Dilshad Begum [2025] EWCA Civ 587 looked at what happens when land forms part of a deceased person’s estate and has not yet been fully dealt with by their family or personal representatives.

What Happened?

The case was about a narrow strip of land between two neighbouring houses.

• The owners on one side (the Nazir family) inherited their father’s property after he died without a will in 2010.

• The neighbour (Mrs Begum) and her late husband had been using that strip of land since the late 1990s  well over ten years.

• When the Nazir family finally sorted out the estate and became the registered owners in 2022, they tried to reclaim the strip.

• Mrs Begum said she had gained ownership through adverse possession because she and her husband had occupied and maintained it for more than ten years without permission.

The first court agreed with Mrs Begum. The Nazir family appealed  arguing that because their late father’s land was part of an estate held “on trust” after death, it could not be taken over by adverse possession.

The Court of Appeal dismissed the appeal and confirmed Mrs Begum’s ownership.

The Key Issue

Under the Land Registration Act 2002, you can usually apply to become the owner of registered land after 10 years of continuous, exclusive occupation if the legal owner does nothing to remove you.

But there is an exception:

Land that is “subject to a trust” cannot be adversely possessed unless all the beneficiaries have an interest in possession that is, a present right to enjoy it.

The Nazir family argued that because, after their father’s death, his property was held by them as personal representatives under section 33 of the Administration of Estates Act 1925, it was “subject to a trust.” If that were true, adverse possession would not apply.

What the Court decided

The Court of Appeal said the “trust” created under section 33 is not the kind of trust that the Land Registration Act was talking about.

Here is why, in simple terms:

1. It’s an administrative trust, not a real one.
   When someone dies, their personal representatives (the executors or administrators) hold the estate temporarily to sort things out pay debts, sell assets, and distribute what’s left. They do not hold the property for the beneficiaries in the usual “trust” sense.

2. Beneficiaries do not own specific assets yet.
   Before the estate is finalised, the heirs or beneficiaries have only a right to have the estate properly administered not ownership of any particular piece of land.

3. Parliament meant something narrower.
   When the Land Registration Act refers to land “subject to a trust,” it was thinking about traditional trusts for example, where someone has a life interest and someone else is entitled after them. It was not meant to cover the temporary “holding” period while an estate is being dealt with.

4. Practical fairness.
   If the Nazir argument had succeeded, the clock for adverse possession would stop every time a landowner died, which would cause confusion and unfairness. The court preferred a simpler rule: death does not automatically stop adverse possession.

So the Court decided that adverse possession can still run against land that belongs to someone’s estate if no one has dealt with it for many years.

Why this matters

1. For Executors and Administrators

If you are responsible for someone’s estate, this case is a wake-up call. You must act promptly to secure and register all property otherwise, neighbours or occupiers could acquire ownership by long-term use.

2. For Heirs and Beneficiaries

Even if you think “the property is still in probate” or “it’s held in trust,” you might still lose part of it through inaction. A strip of garden, a pathway, or a garage that’s been used by someone else for years could slip away.

3. For Neighbours and Long-Term Occupiers

If you have been openly using part of your neighbour’s land (for example, extending your garden fence or maintaining a driveway) for more than 10 years, you might be able to apply to the Land Registry to become the legal owner even if the original owner has died.

What You Should Do

• Check boundaries. Walk your property and compare it with the registered title plan.

• Deal with estates quickly. Apply for probate or letters of administration promptly, and register the property in the correct names.

• Keep an eye on occupation. If someone is using your land without permission, put it in writing that they do not have ownership rights.

• Get advice early. Adverse possession claims can be complex, and timing is crucial.

The Bottom Line

The Court of Appeal’s decision in Nazir v Begum confirms that the “statutory trust” that exists while an estate is being administered does not protect land from being lost through adverse possession.

If a property is left unmanaged for years after the owner dies, the law allows a long-term occupier to gain ownership.

The clear message for families and executors: don’t delay dealing with estate property  time still matters.