The 3 Primary Landowner Defences Under Schedule 6
If you are a registered landowner faced with a squatter or neighbouring homeowner attempting to claim your land:
Defence 1: The Form NAP Counter-Notice (The Ultimate Registered Shield). When HM Land Registry notifies you of Form ADV1, you have 65 business days to reply using Form NAP. Under Paragraph 3 of Schedule 6, filing a counter-notice forces Land Registry to immediately reject the application unless the applicant can prove one of the three narrow exceptions.
Defence 2: Express Written Licence or Tenancy. Under the nec precario doctrine, adverse possession cannot exist if the occupier holds permission. Sending a registered letter formally granting a free, revocable licence to maintain the land destroys their adverse claim immediately.
Defence 3: Court Possession Action. Under Section 15 Limitation Act 1980, issuing a claim for possession in the County Court stops time running from the date proceedings are issued.
| Defensive Strategy | Timing / Execution Window | Legal Mechanism | Effect on Claim |
|---|---|---|---|
| Form NAP Counter-Notice | Within 65 Business Days of notice | LRA 2002 Sch. 6 Para. 3 | Immediate rejection of standard claims |
| Grant Express Revocable Licence | Any time before limitation expires | Nec precario doctrine | Converts adverse possession into lawful permissive licence |
| Issue Court Possession Proceedings | Within 2 years of rejected Form ADV1 | Part 55 Civil Procedure Rules | Judicial eviction and total recovery of possession |
| Physical Removal of Fences / Gates | Before limitation period completes | Interruption of factual possession | Breaks unbroken possession continuity |
Critical Warning: Keeping Your Land Registry Address Updated
Under Section 79 of the Land Registration Act 2002, HM Land Registry is only required to serve notice to the address recorded on your Title Register.
If you moved home or left an outdated correspondence address on title, Land Registry notices will be delivered to the old address. If the 65 business days expire without a Form NAP response, Land Registry will register the squatter as owner, and you will lose your land permanently.