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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7481
Experience:  BA (Hons), PgDip, Practising Solicitor
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We have been in possession of the property since august 1975,

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We have been in possession of the property since august 1975, however upon my dad's death in 2000, my mother was given the title deeds of the property which showed that the back half of the garden is owned by someone else. How do we address this and get back our land now as we have always thought the half which is not registered to us has always been maintained and kept by us over the last 36 years?

Hi,

 

Thanks for your question.

 

On the facts as stated, you do appear to be eligible apply 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 (as they are in the case of unregistered land). It is therefore more difficult to claim adverse possession of land that is registered.

 

Plainly, you meet the time requirement to make a claim.

 

You should send a index map search to the Land Registry office in your area by using Form SIM (enclosing a map of the area), they will then tell you definitively if it is registered and who is the registered proprietor (if any) and what you are up against. You can also download that form from the LR website:-

http://www1.landregistry.gov.uk/publications/?pubtype=49


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).

 

Given that it is clearly quite important to you consider taking specific legal advice from a local solicitor to ensure that the application and supporting documentation is drafted correctly.

 

If you are successful in your claim then you can apply to have the land upon which you are claiming adverse possession and your registered land merged in to one title.

 

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

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