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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have had searches done on a piece of land adjoining my garden.

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I have had searches done on a piece of land adjoining my garden. The land is not registered to anyone. I have fenced and worked this land for 10 years unchallenged. How long before I can claim it and how?

Hi,

 

On the facts as stated (fencing off the land and working it for 10 years), you do appear to be a little short of the required time in order to be eligible to make a claim for the land and 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

Continue using the land and document it by getting 3rd parties (ie. solicitor or land agent) to view the fact that you are using it.

 

Once you reach the 12 year watermark 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. The application form is available from the land registry website.

 

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

 

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