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Buachaill
Buachaill, Barrister
Category: UK Property Law
Satisfied Customers: 10458
Experience:  Barrister 17 years experience
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I have grazed my horses on land at the back of my property

Customer Question

i have grazed my horses on land at the back of my property for 19 years and continue to graze horses i have also historically grazed poultry and goats - i have heard that the alleged owner wants to sell the plot and i have not paid rent or signed a contract or agreement neither have i had a verbal conversation with him I have moved the boundary of the grazing paddock when the adjoining allotments have been vacated where do i stand in law regarding this matter. I have maintained the land and fenced and gated the area that my horses continue to graze - do i have a claim to this land thanks
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Buachaill replied 1 year ago.

1. Is the land registered land in the land Registry or is it unregistered land? Has anyone else, such as the owner had access to the land during the last 19 years? Did you fence it off exclusively for your own use?

Customer: replied 1 year ago.
The land is registered with the land Registry,and i fenced it off for my exclusive use.The registered owners of the land have been able to access the land via a unadopted road,via a gate, as any member of the public could do so,the land owners have not accessed the land or approached me and the adjoining alloments are accessed by the neighbours back gardens.
Expert:  Buachaill replied 1 year ago.

2. I regret to say that since 2003, a claim of adverse possession or squatter's rights is no longer recognised in relation to registered land. Today, where registered land is concerned, there is no title unless you have it registered in the Land Registry. It is no longer possible to obtain title to registered land by possession as it used previously be possible. So, I regret to say that you will only be able to acquire title to the land you have fenced off by buying the actual registered title from the registered owner. Having possession of the land here and fencing it off, will not assist you. This is because, in 2003, you did not have 11 years adverse possession then. So you cannot benefit from the transitional provisions in the legislation whereby previous claims to adverse possession were preserved. So I regret to say that you don't have a claim to this land.

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