Harry Hallowes, known as 'Harry the Hermit,' transformed his life after being evicted from his Highgate council flat in 1987.
Settling in a secluded corner of Hampstead Heath without the landowner's consent, his determined presence over decades laid the groundwork for a landmark legal case.
Our Property Litigation solicitors delve into the fascinating case of Harry Hallowes, the 'Hampstead Heath Squatter,' whose journey from eviction to securing legal ownership of prime London land through adverse possession illustrates the complexities and opportunities of property rights.
Harry Hallowes, an Irishman known as "Harry the Hermit," moved to London in the 1950s.
After being evicted from his Highgate council flat in 1987, Harry set up a makeshift camp in a secluded corner of Hampstead Heath, one of London's most iconic open spaces.
Over decades, he built a simple dwelling on the land, maintaining an exclusive, continuous, and open presence without the permission of the legal landowner.
In 2007, after living on a half-acre plot for over two decades, Harry Hallowes successfully claimed ownership of the land under the legal principle of adverse possession, which allows an individual to gain legal ownership of land if they occupy it without the owner's consent for a sufficient period of typically between 10 and 12 years.
Harry's claim came after property developers sought to evict him from the land. The courts recognised his right to the possessory title, making him the legal owner of a prime piece of Hampstead Heath.
This extraordinary victory, which he achieved against the odds, captured widespread media attention, and Harry's remarkable story inspired the 2017 romantic comedy Hampstead, which stars Brendan Gleeson and Diane Keaton fictionalising his story.
Harry lived on his land until he died in 2016. In reflection of his life's struggles and values, he left the half-acre plot of land to two homelessness charities.
Following his death, the land was auctioned for £154,000, significantly lower than speculative estimates circulated in the news.
Harry's story from a squatter to a legal landowner highlights the complexities of life and key property rights and considerations for landowners.
Adverse possession, often referred to as "squatters' rights," is the process in which an individual can claim ownership of land that they have used and controlled without permission of the owner for a certain period, typically between 10 and 12 years.
This principle is based on ancient philosophy and the idea that land should be actively used and managed by its owners, and in circumstances in which the landowner neglects the land, another individual should be given the opportunity to acquire legal rights to it after a set time if they have made productive use of the land either by active possession, maintenance or improvements.
Therefore, if you are a landowner, you should regularly monitor your land for any signs of unauthorised use or occupation, keep clear records of inspections you conduct, promptly take action against trespassers, and ensure that you understand the full extent of your land and boundaries to avoid unwanted claims.
Until this statutory time requirement is determined, the original landowner retains the right to eject a trespasser and can contest any adverse possession claim if they are aware of it.
To initiate an adverse possession claim, a claimant must meet specific criteria in the Land Registration Act 2002. These include:
Single and Exclusive Possession of the Land:
The claimant must demonstrate factual possession by exercising a significant degree of exclusive control over the land.
This requires evidence of actions that show the claimant's intent to possess the land exclusively for their benefit, such as fencing it off or restricting access to others.
Qualification Period:
Registered Land: For land registered with the Land Registry, a claimant must possess the land without the owner's consent for at least 10 years.
Unregistered Land: The qualification period extends to 12 years for unregistered land, reflecting the additional challenges in identifying the landowner.
Continuous and Adverse Possession:
Possession must be uninterrupted and without any significant gaps.
Possession must be conducted without the owner's permission and inconsistent with the owner's rights.
Furthermore, the claimant's possession must be adverse, meaning it occurs without the owner's permission and is inconsistent with the owner's rights over the land.
Application to the Land Registry
Once the qualification period is met and sufficient evidence is gathered, the claimant can apply to the Land Registry for adverse possession.
If the application is successful, the claimant may be initially granted the possessory title, a provisional form of ownership.
However, this title may become absolute if no valid objections are raised within the specified timeframe.
As a landowner, safeguarding your property from adverse possession claims requires meticulous boundary monitoring, swift action against trespassers, and a comprehensive understanding of legal requirements.
Myerson’s Property Litigation team specialises in navigating the intricacies of property disputes, including defending adverse possession claims or assisting in making such claims where justified.
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Kerry joined Myerson as a Trainee Solicitor is September 2024 and is currently undertaking her first seat in the Property Litigation Team.
Kerry graduated from Manchester Metropolitan University in 2021 with First Class Honours degree in Law, and went on to complete the Legal Practice Course in 2022, having achieved a Distinction.
She has since obtained valuable experience working in both commercial property and new build property transactions prior to her joining the team.
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