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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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4ft.strip of land between end of road and end of our drive,

Resolved Question:

4ft.strip of land between end of road and end of our drive, we have right of way over it, council now own road, we have maintained strip who does it belong to ?
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question.

 

How long have you maintained the strip and have you enclosed it in any way?

 

Kind regards.


Tom

Customer: replied 4 years ago.

Hi,

 

Land maintained by us since 1994. Looking from road up drive hedged on left side by boundary with other property and on right opening out to our property.

Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question.

 

You can check who owns the land by submitting an index map search to the Land Registry, download Form SIM from the Registry's website and send it with a map of the area edged red. They will tell you the registered title number of the property so that you can get office copy entries to tell you who the registered proprietor is or if the land is un registered.

 

In order to claim possession of the land you must prove adverse possession to the land registry.

 

If the land in question is unregistered then you must have been using it continuously for 12 years in order to claim possession of it and be registered as the registered proprietor at the Land Registry

If the land is registered then you need only have been using it continuously for 10 years in order to apply for adverse possession at the Land Registry. Notice of the application will be sent to the current registered proprietor of the land, who is obviously at liberty to object. It is therefore more difficult to claim adverse possession of land that is registered.

 

 

In the case of both applications you would have to submit form ADV1 to the Land Registry together with sworn statutory declarations regarding how long you have been using the land (from you and others who know of your use) and it may be something over which you should consider taking specific legal advice from a local solicitor to ensure that the application and supporting documentation is drafted correctly.

 

The property of the land would be free to object and make representations as to why you should not have legal title of it though.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

 

 

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6468
Experience: BA (Hons), PgDip, Practising Solicitor
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