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If and owner occupies part of a passageway for a period of

Resolved Question:

If and owner occupies part of a passageway for a period of time "without let or hinderance" how long does this occupation have to be before he can claim legal entitledment to the land?
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi,


Is the passageway used by others? Have you enclosed the passageway?

 

Tom

Customer: replied 4 years ago.
the situation is a passageway to a house which was subsequently turned in a plot and built on, the next door neighbour seems to have taken some of the land on which he ahs built a garage. There was litigation, and I was not involved and a mediator told the aggrieved that the statute period for occupation was 10 years I do not think that this is correct I think that it is 20 or 22 years and require comformation of this fact, because if this is so then he has time to reclaim what is now part of is sons garden. Simple question, please.
Expert:  Thomas replied 4 years ago.

Hi,

 

If he has taken land that is not his and is claiming adverse possession (ie. what is commonly known as "squatter's rights"

 

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.

 

The 20 year period to which your referring to is, I think, the twenty years a person must have been exercising a right (eg. right of way) before he acquires the legal right to exercise the right and enforce it against others.

 

If this is 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

Customer: replied 4 years ago.
Thank you. But, supposing the land registry registered the trepassing land despite the objection of the registered proprietor, can the original owner then apply to the court or the Land Registry to set this aside and restore the land to him, say for any period up to 20 years, if so what would be his chance of success?
Expert:  Thomas replied 4 years ago.

Hi,


If the owner of the land (pre-adverse possession claim) disputed the claim then The LR would only have referred to matter to the Lands Tribunal for aribtration. If the LT ey ruled in favour of the person claiming adverse possession then the LR would have registered the land. The person disputing could have take the matter to Court following the decision subject to a 12 years limitation period.


I hope this clarifies, if so please kindly click accept.


Tom

 

 

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6660
Experience: BA (Hons), PgDip, Practising Solicitor
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