Survey finding
Adverse possession: what UK buyers need to check
Adverse possession is one of the more obscure title risks on UK conveyancing but appears more often than buyers expect, particularly on properties with informal garden extensions. This page covers the rules and how lenders react.
Last updated: 6 May 2026. Editorially reviewed: 20 May 2026.
Finding
Adverse possession risk
What this usually means
Adverse possession is the legal doctrine where someone who has occupied land openly, exclusively, and without permission for a long enough period can claim ownership. Pre-2003 the period was 12 years; the Land Registration Act 2002 changed registered land to a notice procedure with a 10-year minimum. Adverse possession risk arises when boundary fencing has shifted, gardens have been incorporated, or strips of land are occupied without title.
Why it matters
Active adverse possession applications can stall sales for months. Historic claims that have been registered are settled. The risk is when the seller has occupied land informally and a neighbour or local authority might assert title later.
Ask your surveyor
- Check:Are there signs of land being occupied beyond the title plan boundaries, extensions, sheds, gardens?
Ask the seller
- Check:Have you applied for adverse possession of any part of the property?
- Check:Is any part of the garden, driveway, or outbuildings outside the registered title?
Next steps
- •Get two written quotes from local trades before negotiating with the seller.
- •Speak to your mortgage broker before exchanging if the finding affects mortgageability.
Browse all findings
- Spray foam insulation
- Evidence of movement
- Damp
- Japanese knotweed
- Damp proof course issues
- Underpinning
- Cracks
- Roof issues
- Timber decay
- Electrical issues
- Non-standard construction
- Asbestos containing materials
- Roof covering needs repair
- Single skin wall construction
- Timber decay / wet rot
- Settlement cracks
- RAAC concrete
- Wall tie failure
- Party wall matters
- Drainage issues
- Subsidence monitoring
- Full electrical rewire needed
- Flat roof condition
- Cladding issues
- EWS1 form required
- Lintel failure
- Structural crack BRE category 3
- Structural crack BRE category 4-5
- Chimney stack movement
- Chimney flashing failure
- Parapet wall movement
- Bay window cracking
- Flat roof ponding
- Cold roof inadequate ventilation
- Warm roof insulation issues
- Prefab concrete construction
- Large panel system (LPS) construction
- Rising damp
- Penetrating damp
- Condensation vs damp distinction
- Dry rot (Serpula lacrymans)
- Woodworm
- Timber floor springiness
- Cellar / basement damp
- Outdated electrics (60-amp fuse board)
- Aluminium wiring
- Partial rewire needed
- Gas boiler condition
- Back boiler
- Unvented hot water cylinder issues
- Lead pipes (pre-1970)
- Lead paint
- Asbestos in Artex ceilings
- Asbestos floor tiles
- Asbestos cement roof
- Asbestos insulated board (AIB)
- Asbestos soffit boards
- Pointing / repointing needed
- Render cracking
- Pebbledash delamination
- UPVC window seal failure
- Sash window condition
- Flat roof membrane condition
- Zinc roof
- Felt roof condition
- Corrugated asbestos roof
- Cavity wall insulation issues
- External wall insulation issues
- No building regulations certificate
- No planning permission for extension
- Certificate of lawfulness needed
- Indemnity insurance required
- Neighbour dispute on file
- EPC F or G rating
- Oil heating property
- Off-gas-grid property
- Solar panel lease vs owned
- Ground source heat pump property
- Air source heat pump property
- Chimney breast removed without support
- Floor joist decay
- Wall bowing
- Mould and condensation
- Septic tank property
- Thatched roof condition
- Listed building restrictions
- Conservation area restrictions
- Restrictive covenants on title
- Coal mining area
- Coastal erosion risk
- Flood risk zone 3
- Radon affected area
- Contaminated land history
- Trees near building
- Party wall agreement outstanding
- EICR required
- Knotweed treatment history
- Single glazing condition
- RCD protection missing
- Damp-proofing guarantee transferability
- PRC (precast reinforced concrete) house
- Airey house
- BISF (British Iron and Steel Federation) house
- Timber frame construction
- Steel frame house
- Wet rot
- Heave (ground movement)
- Chimney condition and stability
- Short lease (under 80 years)
- Fire safety: flat and leasehold issues
- Blocked or condemned flue
- Spalling brickwork
- Diagonal cracks in walls
- Retaining wall condition
- Tanking failure in basement
- Missing or slipped ridge tiles
- Lead flashing condition
- Gutters and downpipes
- Double glazing condensation (failed units)
- Skylight or roof light condition
- Dormer condition and weathering
- Torn or missing sarking felt
- Chancel repair liability
- Easement or right of way
- Boundary dispute or unclear boundary
- Adverse possession risk
- Flying freehold
- Ground rent escalation clause
- High or variable service charge
- Extension without planning consent
- Loft conversion: no building regs
- Single-phase electrical supply only
- Shared or private sewer
- Blocked or collapsed drains
- Cesspit or septic tank
- Solid fuel heating
- No mains gas supply
- Low water pressure
- Private water supply
- Wimpey No-Fines concrete house
- Reema construction
- Unity or Boot construction
- Laing Easiform
- Cornish Unit house
- Cross-wall construction
- In-situ concrete construction
- Oak frame construction
- Radon: mitigation required
- Missing or inadequate fire alarms
- Single staircase: means of escape
- No earthing or bonding
Tool shortcut
Check the property before you offer
Flood, subsidence, EPC, crime, schools, transport, broadband, tenure, age, listed status and price checks where data is available.
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What you need to know
Severity
Significant. Specialist follow-up usually warranted before exchange.
Typical cost to fix
Land Registry adverse possession application £150–£330. Conveyancer's costs handling an application £500–£1,500. Disputed application can cost £3,000–£15,000+.
Mortgage impact
Lenders are uncomfortable with pending adverse possession applications. Settled and registered title is accepted.
Insurance impact
Title indemnity insurance can cover specific risks but not active applications.
When to pull out
Pull out if an active adverse possession application affects material parts of the property and resolution is uncertain.
When to renegotiate, and by how much
Resolution is via legal process. The seller usually drives any application to completion before exchange.
Thinking of pulling out or renegotiating? What to do after a bad survey
Run the check on this address
The Survey Decoder explains the wording. The full report adds address-specific flood, subsidence, EPC, crime, listed status, building age and price comparison data, so a single finding isn't judged in isolation.
Run the check
Check the property before you offer
Flood, subsidence, EPC, crime, schools, transport, broadband, tenure, age, listed status and price checks where data is available.
Run a free previewRead next
Boundary dispute or unclear boundary , often sits near adverse possession risk on a survey and is the next thing to check.
Editorial review
Editorial owner: BiteRight Ltd, operator of MyPropertyScan. We review buyer guides against UK public property datasets, RICS survey wording, lender requirements, and common buyer questions.
Pages are updated when source coverage, property-risk guidance, survey cost assumptions, or product checks materially change. Methodology and dataset limitations are explained on the MyPropertyScan methodology page.
Sources used
We use UK public and specialist sources where they are available. Public datasets can be incomplete, delayed, or missing for some addresses. Treat them as a starting point, not as a replacement for professional advice.
Source standard: preference goes to official government datasets, statutory bodies, professional standards, and primary dataset publishers. We cite the source family on the page and explain coverage limits rather than filling gaps with unsupported estimates.