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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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If unregistered land is used for a number of years can the

Resolved Question:

If unregistered land is used for a number of years can the person using it register it in his name?
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

HelloCustomer

 

Thanks for your question.

In order to apply to have the land registered in a person's name the 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.

 

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 on.

 

The actual owner of the land would be free to object to the application and make representations as to why it should not be registered (ie. why a claim for adverse possession has not/should not be made).

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: 6423
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Property Law Specialists are ready to help you
Customer: replied 4 years ago.
Thanks for the information. Could you please clarify if it would have to be me personaly or could the twelve years include the time it was used by the previouse owner of my house? The land in question is adjacent to my house and is used by me as a car park and is fenced off. It was like this when I purchased the house and had been used as a car park by the previouse owner. I have owned the property for nine yeatrs and the prevouse owner had used the land for car parking for five years prevouse to that.
Expert:  Thomas replied 4 years ago.

Hi.,

 

Thank you for your kind accept.

 

I am afraid that it must have been used by the person making the application for the requisite amount of time. Only once you have used it for the 12 year period are you eligible to make an application.

 

Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6423
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Property Law Specialists are ready to help you

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