Adverse possession

[EnglishRain]

My neighbour is trying to claim part of what we believe is our front garden. According to the deeds, it is ours. She claims her property has made use of it for 40 years. She has lived there for about 17 years. In that time, our house has had three different owners.

I understand that there is a 10 year rule. If, hypothetically, for 10 years of those 17 she continuously had possession of it, does that mean she can still claim adverse possession now, even though we've maintained it ourselves for the last three? I am hoping that she may have needed to claim adverse possession at the time she was supposedly in possession of it...

I have escalated this to my legal cover on the house insurance, but I'm having a very stressful time of late (including worrying about my 20w scan on Monday!) and was hoping someone might be able to reassure me

You may have already got an answer to this, given the date you posted but as far as I'm aware, from reading up on this over the past few days due to issues of my own, the neighbour would struggle to claim possession. You have used it for 3 years too meaning you also have an interest in the land and you could object to the possession.

Not a lawyer disclaimer

I understand, in England, she would have had to have fenced it off for her exclusive use for over 11 years, then submitted the appropriate proof to the the Land Registry etc.

She has to be in exclusive possession of the land at the time she submits her claim. Clearly she is not, because you are currently using and maintaining it. Make sure you gather evidence to prove this.

The law changed I think in 2002. It is now a lot more difficult to claim adverse possession. I don't think she has much chance now but look here
www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land

OP, have a look at this guidance from the Land Registry. It states what is required and what the “owner” of the land can do when someone tries to claim land.

www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land#contents

She will have to prove exclusive occupation for far longer than the 17 years she's been occupying it. 12 years occupation prior to 2002 is what is needed. She's claiming back to 1980. If she can prove that, and that it amounts to exclusive occupation without the consent of the former owner, she may be successful.