How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6304
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I write regarding a garage & land that has been in my possession

Resolved Question:

I write regarding a garage & land that has been in my possession for the last 30 years. The council, however, now say that they require proof of planning permission of such. It was previously occupied by my late father in law who had permission from a former council, Rugby Rural, which is now Rugby Borough.
They now say i have to prove that this is so.
I have tendered the land for the past 30 years also previously when my late father in law occupied it.
Could you please inform me on how i stand with this matter.

Regards

XXXXX XXXXXckorish
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi Harold,

Do you actually own the land, or have you simply occupied it?

Are the council claiming that they own it or simply that it does not have the requisite planning permisison?

Tom
Customer: replied 1 year ago.

i have occupied the land with garage on it for thirty years


 


the council are claiming that the ground is thiers and no planning was obtained from them.,


 


however this was obtained from rugby rural that is now rugby borough council , the garage was erected some fifty years ago by the military disablement for my late father inlaw there is no paperwork to prove this the garage in use to this day.


 


thecouncil tried this same stunt thirteen years ago please advise.

Expert:  Thomas replied 1 year ago.
Hi,

I'm afraid that I'm am now out for the evening, I will be able to answer tomorrow morning.

TOm
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

You need to find out definitively who owns it and then submit a claim for adverse possession claiming ownership.
If it's registered then you can order a copy of the register to check who the registered proprietors are:-
http://www.landregistry.gov.uk/wps/portal/Property_Search

If the land is very old and has not been bought/sold for a very long time then it may be unregistered. This means there is no public record of who owns the land and you must rely on informal investigation to attempt to establish ownership.
You need to carry out an index map search at the Land Registry to check whether the land is registered.

Download Form SIM from the following site, complete it and attach a copy of a map showing the plot edged red. You will have to pay a small fee and can call LR customer services to estblish both the amount and the office to which you should send the form:-
http://www.landreg.gov.uk/customer-service

On the facts as stated, you do appear to be eligible to make a claim for the land and you have to prove what is termed “adverse possession” to the Land Registry in order to have it registered in your name.

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.

If you do not know whether the land is registered then you can check using the Land Registry's online service by downloading a copy of the register of the title (if any) for the property:-
https://www.landregistry.gov.uk/wps/portal/Property_Search

If this does not illicit results then you should send a index map search to the Land Registry by using Form SIM (enclosing a map of the area), they will then tell you definitively if it is registered. You can also download that form from the LR website.

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 planning stuff is a bit of red herring to be honest, if the property has been used for the same purpose for over ten years then the council would be time-barred from taking enforcement action against a breach of planning use providing that you can prove length of use in excess of ten years.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6304
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 5 other UK Law Specialists are ready to help you
Expert:  Thomas replied 1 year ago.

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice