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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7473
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have been using some land for 18 years which is adjacent

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I have been using some land for 18 years which is adjacent to a property that I rent. I am wanting to find out if I have squatters rights to this land as I have been maintaining it as my own without any questions asked by the land owner.
Hi,

Have you enclosed the land?

Has the owner of the land said/done anything about your use of it?

Tom
Customer: replied 4 years ago.
Hi Tom
No I have not enclosed the land but I have erected three out buildings on it over the last 18 years and nobody has ever said anything to me atall
About itHi

Thanks for your question.

Okay, if you have erected outbuildings on the land then this probably gets around the lack of enclosure.

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
Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 4 years ago.
Hi Tom

Thank you for your answer. I know that the land is registered as I found this nformation out today. I can prove that I have been using it for 18 years without any issue atall, photos and friends will back me up etc.
The land concerned is the same land on whih I gain access to my rented house , if I were to apply for adverse possession an the real owner decide to on test my application what is the process at this stage please, ie if he applies to evit me off the land can I still gain access to my rented house as the rented house is not on the piece of land that I am trying to gain possession on.
Many thanks
Hi,

If he challenges the application then you will have to litigate, at the lands tribunal probably. You need to see a solicitor

You need 20 years over land in order to acquire a legal easement, however if you cannot access your land otherwise then you will have an immediate easement of neccessity but this would be on foot only.

Please remember to rate my answer.

Kind regards,


Tom
Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 4 years ago.
Hi Tom
What is land easement please and are you saying I need to be on the land for 20 years to apply for land easement?
Thanks
Hi,

A legal easement is, for example, a right of way over another's land. In order acquire it you have to have been exercising it without interuption for 20 years.

However, if you can only access your land via another piece of land owned by someone else then you immediately acquire what is term an "easement of necessity". This is a right of access over the land but only on foot, not with vehicles.

Kind regards

Tom
Customer: replied 4 years ago.
Ok thanks Tom.
What I need to know now then is how long does it take to apply for adverse possession to registered land and how long the process takes if the owner makes an objection plus can they evict me or do I have a certain amount of time to stay on the land before being evicted. Presumably if I am evicted that will go against my credit rating too.
Thanks
Hi,

If it's uncontested then it can take a couple of months. If contested, quite a bit longer.

It wouldn't affect your credit rating either way. It's not a debt/money judgement.

They can attempt to evict you, but it would be subject to the adverse possession claim, so you've got to focus on that.

Tom
Customer: replied 4 years ago.
Himtom
When you say it will be subject to the adverse passion order what does this mean?
Thanks
I didn't say that, I said that the eviction would be subject to your adverse posession claim.

You need to gather evidence/proof of your use of the land and see a solicitor.

Good night.

Tom

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