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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6044
Experience:  BA (Hons), PgDip, Practising Solicitor
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Since the year 2000, from a piece of infested and overgrown

Resolved Question:

Since the year 2000, from a piece of infested and overgrown land literally touching my terracced house, I have cleared and cleaned and have been maintaining the plot and have also built a 'permitted dwelling' that required no planning permission on this plot of land. Until now there have been no objections from any person or Company or the owners of the land.
Even writing letters to the owners and to the council did not produce either a result of an objection or otherwise.
I have registered my claim of possession with a Solicitor.
Please give guidelines to now secure total official ownership without the need to undergo heavy expenses through a Solicitor.
Thank you.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi

What form of evidence do you have when you say that you have registered it with a solicitor?

Tom
Customer: replied 1 year ago.


The evidence is that we have openly occupied the plot in 2000 and then openly occupied it by writing to the council and to the then owners of the plot gaining no reply and then building a permitted development on it in 2010 and then enjoying the facilities thereon until we made a statutory declaration attaested by a notary public at the solicitor's office to be filed with the land registry at the appropriate time -10, 12 or 14 years from day of occupation in the year 2000 and building the structure in to in 2010.


 

Customer: replied 1 year ago.

Have sent you my reply to your Q.


Please give me your valued guidance with reference to any similar court cases and judgements regarding adverse possession that has been done openly without deceit and for a long period of time.


The main thing is how shall I proceed.


Through a solicitor or by myself.


Thank you.

Expert:  Thomas replied 1 year ago.
Hi

I will reply at 9 am
Customer: replied 1 year ago.


I will anxiously wait for that.


Thank you.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.



If you have enclosed the land and looked after it for that length of time 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(it may be that the land forms part of one of the registered titles of the properties which it adjoins):-
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). The declarations should in turn refer to the supporting evidence that you have and then exhibit the documentary evidence to the declarations in the form of exhibits.

Your application will proceed on the basis of the application that you initially make and the evidence that you submit with it and for that reason I would say that you should certainly take specific legal advice from a local solicitor to ensure that the application and supporting documentation is drafted correctly. This will give you the best possible starting basis for your claim and thus make it more likely that you would be successful


Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.

Hello TOM,


Many thanks for your reply.


Of course I am satisfied with it and will be a good one.


Nevertheless, since you have prompted me to ask further for a complete satisfaction, I would be grateful if you could please...............


...........give me at least two Court-cum-Judgement references with names and dates where the adverse possessor like myself has claimed and been victorious.


..........and also please give me a clarification on the point of the data that, we had made use of the plot of land besides us since 2001 and had then written to the then owner of the plot who took no notice and neither gave a reply; after which in 2003 new owners took over and bought the plot. And these new owners only cared and came to know of our use of the plot after a jealous disgruntled neighbour made a unjustified complaint


to the present owners just 10days ago.

Expert:  Thomas replied 1 year ago.
Hi,

I'm sorry but carrying our case research would be specific advice. This is a general advice website, to put you in the right ball park.

The research that you have referred to is precisely the type of work that a solicitor who would charge at their hourly rate would do. If you wish for this to be done then you should instruct a solicitor in the normal way

Please rate my answer.

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6044
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Property Law Specialists are ready to help you
Customer: replied 1 year ago.

 


He does not want to reply.


 


He is suggesting me to spend money with solicitors instead.


 


Therefore I have already given him the good rating and now i am bweing asked to pay some more money.


 


NO Thank you.

Expert:  Thomas replied 1 year ago.
Hi,

Is this a message for me as expert or for customer services?

Tom
Customer: replied 1 year ago.


I have already replied to this having said...


 


...the message is for customer service who is asking me for more money after having paid to ask the Q and obtain the reply which I received


after my wait with patience.


Thank you.


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