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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Part of the drive way leading to our house is unregistered

Customer Question

Part of the drive way leading to our house is unregistered land, we do have a registered right of way over it. We have in the past applied to the LR to obtain possession of the drive but this has been rejected. Since our last application, some 13 years
ago the upper section of the drive has been gated, used and maintained exclusively by us. A middle section, below the gate, is shared with a neighbouring property which also has a right of way. The lower section is owned by ourseleves. The objective is to
obtain full registered possession of the upper section and if possible the middle section also. But we have received conflicting advise from solicitors - one told us we could not claim adverse possession since we enjoyed a right of way and thus our occupation
was not adverse. What is the position?
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Aston Lawyer replied 2 years ago.
Thanks for using Just Answer.
I am Al and am happy to assist with your enquiry.
I am afraid to say that the Land Registry will never grant possessory title or absolute title to a party who has a legal right of way over the land in question. This is be because the law relating to adverse possession means that your use/possession of the land is adverse-ie without the consent of the true paper owner. Any party who has a right of way, therefore, can not claim their use of the land is adverse as they have been granted a legal right to pass and repass over the land.
I only learnt about this approximately 2 years ago to be honest, when a client made a possessory title application for a piece of land over which there was a historic right of way. This drive was fenced in and formed part of his main driveway and was used by no-one other than my client. The Land Registry rejected the application outright.
I am sorry this is not the answer you were looking for, but it sets out the legal position.
If I have assisted, I would be grateful if you could rate my answer.
Kind Regards