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We have lived in our house for 44 years. It originally came…

We have lived in...

We have lived in our house for 44 years. It originally came with my husbands job as it backs into a park but we bought it in 1990. Early in the 90's the gates to the park were not being locked due to cut backs and my husband was given a verbal agreement by his boss, the head of the Parks Dept.,to extend our garden taking some parkland as a security measure in case people came into the park over night.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

We have cared for and developed this area with a fence, shrubs and flowers for 20 years. Does this mean we have a right to add it to our deeds?

Lawyer's Assistant: Has any paperwork been filed?

It has never been contested.

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Answered in 36 minutes by:
10/11/2017
DamienJD
Category: UK Property Law
Satisfied Customers: 4,845
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I realize you are in the wrong category. I will attempt to switch this question to the UK category.

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Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
Satisfied Customers: 33,763
Experience: award winning lawyer with over 15 years experience
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If you own the property then you can attend upon the offices of your conveyancing solicitor and seek to add the land to your deeds. As you may imagine it is not completely straightforward. The law changed in in 2002 and made it a lot more difficult than it once was. The Land Registration Act 2002 has created a new regime that applies only to registered land. This new regime is set out in Schedule 6 to the Act. It makes it more likely that a registered proprietor will be able to prevent an application for adverse possession of their land being completed.

The following paragraphs provide a brief overview of the new regime; the remaining sections of this guide discuss it in more detail.

  • adverse possession of registered land for 12 years of itself will no longer affect the registered proprietor’s title
  • after 10 years’ adverse possession, the squatter will be entitled to apply to be registered as proprietor in place of the registered proprietor of the land
  • on such an application being made the registered proprietor (and certain other persons interested in the land) will be notified and given the opportunity to oppose the application
  • if the application is not opposed (by ‘opposed’ we mean that a counter notice is served.
  • Instead, or at the same time, the registered proprietor may object to the application on the ground that there has not been the necessary 10 years’ adverse possession; the squatter (this would be you) will be registered as proprietor in place of the registered proprietor of the land
  • if the application is opposed, it will be rejected unless either
    • it would be unconscionable because of an equity by estoppel for the registered proprietor to seek to dispossess the squatter and the squatter ought in the circumstances to be registered as proprietor
    • the squatter is for some other reason entitled to be registered as proprietor
    • the squatter has been in adverse possession of land adjacent to their own under the mistaken but reasonable belief that they are the owner of it, the exact line of the boundary with this adjacent land has not been determined and the estate to which the application relates was registered more than a year prior to the date of the application.
  • in the event that the application is rejected but the squatter remains in adverse possession for a further two years, they will then be able, subject to certain exceptions, to reapply to be registered as proprietor and this time will be so registered whether or not anyone opposes the application

As mentioned above the best starting point is your conveyancing solicitor who can start the process. Please rate positive.

Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
Satisfied Customers: 33,763
Experience: award winning lawyer with over 15 years experience
Verified
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