UK Property Law
Ask an UK Property Law Question, Get an Answer ASAP!
Thanks for your question.
A person seeking to claim land that they do not own must prove what is termed "adverse possession" to the land registry in order to have it registered in their own name. In order to do this you must have had possession of the land and used it as your own for either 10 years (if the land is registered) or 12 years (if the land is unregistered).
You will have to seach to see if the land is registered. You can do this by submitting LR form SIM marking the area with a plan. The LR will tell you if this is registered (I assume that it will be).
You would have to apply to the LR for adverse possession by submitting form ADV1 with a statutory declaration sworn in front of a solicitor describing your use of the land and the chronology. This can be accompanied with other documentary evidence which confirms what your statement says (ie. Photos, statements from others etc).
The owners would be at liberty to object to the application and you would have to litigate if they do.
The alternative is obviously to offer to purchase the land from them.
If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.
I will answer your follow up questions you may have.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).