This note explains the practical and legal steps to consider in England and Wales when a third party constructs a structure on your land. The law distinguishes between civil remedies (possession, removal, damages, injunctions) and statutory regimes such as adverse possession and planning enforcement. Act promptly: delay can affect remedies.

Immediate practical steps

Before starting formal proceedings, gather and preserve evidence. Typical early actions include:

• Check your title and boundaries: obtain an up-to-date title plan and documents from HM Land Registry if your land is registered; for unregistered land, locate deeds and historic plans.
• Survey and photograph: commission a boundary survey and take dated photographs showing the encroachment and any markers or fence lines.
• Record communications: keep a written record of any discussions with the neighbouring owner and any notices served.
• Consider safety and use: if the structure creates a safety risk, notify the local authority building control or the emergency services where appropriate.

Legal remedies and considerations

Key civil remedies include:

• Possession and removal: you can bring a claim for possession of land and for removal or demolition of unauthorised works. Courts may order removal, restoration and damages.
• Injunctions: an interim injunction can prevent further works and preserve the situation while the dispute is decided; a final injunction orders long‑term relief.
• Damages: where removal is impractical or delayed, the court may award damages for loss of use or diminution in value.
• Adverse possession: prolonged, exclusive occupation can give rise to an adverse possession claim. For registered land the Land Registration Act 2002 creates a distinct application and notification procedure; for unregistered land, 12 years’ uninterrupted possession may extinguish the owner’s title under the Limitation Act 1980.
• Planning and building control: lack of planning permission or building regulations compliance is a separate regulatory matter for the local planning authority or building control; enforcement can lead to demolition or retrospective remediation but is not a substitute for civil possession claims.

Practical checklist (recommended order)

1. Obtain title documents and an up-to-date plan from HM Land Registry.
2. Commission a chartered surveyor to produce a boundary report and accurate measurements.
3. Seek professional advice (legal and survey) and consider a pre-action letter to the occupier/owner setting out your position and asking for voluntary remedy.
4. If voluntary resolution fails, consider urgent interim relief (injunction) to stop further works.
5. Prepare and issue a court claim for possession, removal and/or damages, or respond to an adverse possession application if one is made to the Keeper.
6. Engage with local authority planning enforcement if planning or building regulation breaches are involved.

Jurisdiction and sources

• HM Land Registry – title registers and plans; guidance on adverse possession of registered land.
• Land Registration Act 2002 (registered land adverse possession rules).
• Limitation Act 1980 (time limits in relation to unregistered land).
• Gov.uk – Planning enforcement and local planning authority guidance.
• Civil Procedure Rules (procedural rules for injunctions and possession claims).

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General information only; not legal advice and not a substitute for advice on a particular matter.