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Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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HI MY NAME IS DEREK IN 1982 I ASKED MY LOCAL COUNCIL IF ICOULD

Resolved Question:

HI MY NAME IS DEREK
IN 1982 I ASKED MY LOCAL COUNCIL IF ICOULD PURCHASE
A PIECE OF LAND TO THE SIDE OF MY PROPERTY THEY TOLD ME THEY COULD
NOT SELL IT TO ME AS THEY WERE NOT THE OWNERS BUT I COULD USE THE LAND
I HAVE PARKED MY VEHICLES CARS VANS LORRY ON THIS LAND SINCE THEN
HAVE I THE RIGHT TO CLAIM THIS LAND
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Have you been using the land continuously since 1982?

 

Have you enclosed it in any way?

 

Tom

Customer: replied 3 years ago.

hi yes i have been using the land
no i have not enclosed it
derek
Expert:  Thomas replied 3 years ago.

Hi,

 

In order to claim the land as your own and have it registered in your name

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.

 

 

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. I would certainly advise taking plans and a chronology of events relating to your possession of the land to a local conveyancing solicitor for specific advice first.

 

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: 6391
Experience: BA (Hons), PgDip, Practising Solicitor
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