Adverse possession – is fencing land necessary?
In order to be successful in an adverse possession claim it must be shown that:
1. There has been uninterrupted ‘factual’ possession of the land by the applicant for the ‘requisite period’ (this is usually between 10 and 12 years); and
2. The applicant must show that they intended to possess the land during this period.
One of the most effective ways of demonstrating an intention to possess land is through the erection of fencing. However, as the recent case of Thorpe v Frank and another  EWCA Civ 150 demonstrates, this is not the only method…