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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7476
Experience:  BA (Hons), PgDip, Practising Solicitor
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A piece of land that borders the side of our house was cared

Resolved Question:

A piece of land that borders the side of our house was cared for by our predecessors and their predecessors for a total of 12 years. Since we purchased our house in Feb 1991, we have also cared for this piece of land and have now enclosed it with a fence. How do we go about having this piece included in our title deeds? The town council never looked after it.
Submitted: 6 years ago.
Category: UK Property Law
Expert:  Thomas replied 6 years ago.

Hi,

 

Thanks for your question.

 

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.

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Kind regards,

Tom

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