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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7581
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi my neibour wants take over a land not own by him. The owner

Customer Question

Hi my neibour wants take over a land not own by him.
The owner is abroad its been years since we last heard of him.
This neibour wants to own the freehold that cames with a large land opposite my back garden.
My question is what is my chances taking part of that land since there is no one claming??
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

Hi,


To clarify - are you asking what your chances are of claiming the land (as opposed to your neighbours)?

 

Tom

Customer: replied 6 years ago.
yes
Expert:  Thomas replied 6 years ago.

Hi,

 

In order to claim the land you would have to prove adverse possession to the Land Registry.

 

You would have to enclose the land and start treating it as your own.

 

 

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)

 

If you are to do this I would get a 3rd party (eg land agent or solicitor) to witness your enclosing of the landlord and then both you should swear statutory declarations and have them lodged with a local solicitor to document your occupation.

 

 

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Kind regards,

Tom

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Customer: replied 6 years ago.

if I could claim part of the land and he calls the police claiming that i am a intruser, what are is my defence?

Customer: replied 6 years ago.

if I could claim part of the land and he calls the police claiming that i am a intruser, what are my defence?Since he himself has cut down the trees without council permition, I consider him a intruser!.

Customer: replied 6 years ago.

I know that land for over 15 years , but when i found out (after mr Asad send his men to cut down the trees) that he intends to join both lands and build flats, I thought if there is a possibility to own part of that land and grow trees.

Mr Asad ownes property 44 and this property his 42 it includes 3 flats sold on long lease, but the owner has the freehold and backgarden atached plot of land that its been there for years untouched, till now.

Yes mr Asad also ownes 2 flats ground floor and top floor, but not the freehold, the true owner is somewhere in Australia and cannot be found.

recently he has sent men into the land to clean, etc.

I just wanted to know if I could take part of the land?

 

Expert:  Thomas replied 6 years ago.

Hi,

 

You only take land that is not otherwise yours by adverse possession in way described above I'm afraid

 

Tom