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Aston Lawyer
Aston Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 10176
Experience:  LLB (HONS) Over 23 years legal experience specialising in Property law and Wills/Estates
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We are in the process of buying a property - it was unregistered

Customer Question

We are in the process of buying a property - it was unregistered and the family are registereing it now, however there is a piece of land adjacent that the property owner used - they had a gate from their property into it and planted trees, flowers and shrubs (quite a few years ago), they also used it for composting etc. They took ownership of eth house around 1980, so we imagine it has been used by them since then or possibly previous to that. There is no fence stopping people entering from eth road side, but a ditch and hedge abutting a farmers field, it has natural verge roadside. we have checked land registry and no registration has been found. We wondered whether to push the sellers to register and claim possessory freehold. The actual owner is elderly an din a home - so it would have to be someone acting on her part. Thanks
Submitted: 1 year ago.
Category: UK Law
Expert:  Aston Lawyer replied 1 year ago.

Hello and thanks for using JustAnswer.

My name is ***** ***** am happy to assist you with your enquiry.

On the basis that the Seller does not have any paper title to this additional land, you have 2 choices-

1. Ask the Seller to apply for possessory title. This is likely to take at least 10 weeks from start to finish.

2. Ask the Seller (and it would need to be the Seller, as oposed to another family member) to sign a declaration or Statement of Truth, confirming the length of his possession of the land and confirming for what purpose he has used the land.

The 1st option would of course be best in an ideal world, but time may not be on your side.

With the 2nd option, provided you have a Statement or Declaration from the Seller (it has to be from the owner), you would be handed the original on completion, and you then would be free to apply for possessory title as and when you wish.It would of course be a lot quicker than option 1.

I hope this assists and sets out the legal position.

Kind Regards

Al

Expert:  Aston Lawyer replied 1 year ago.

Hi,

Can I assist you any further?

Kind Regards

Al

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