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We have lived in our property for the past 23 years. Part of

Resolved Question:

We have lived in our property for the past 23 years. Part of our land is bounded by a small stream. The other side of the stream is a field with a post and wire fence. This is set back in places about 2 metres from the stream, leaving bits of land that the farmer has never touched. We have kept it tidy and cut for all those years. Do we have any legal claim on the land on our side of the farmers fence?
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question.

 

In order to claim the land you would have to apply to have it registered in your name at the Land Registry by proving what is called "adverse possession"

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 propreitor 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 Lan 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


In both cases, the application would be made to the Land Registry by using their Form ADV1 and the owner of the land has the right to raise objections to your applications.

 

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 Property Law
Satisfied Customers: 6660
Experience: BA (Hons), PgDip, Practising Solicitor
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