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I'm looking for more information on adverse possesion. We…

I'm looking for more...

I'm looking for more information on adverse possesion. We have unregistered land adjoining our property and are looking to know how to claim it. Also wondering if we have to go down the adverse possession route but sell the property, can we pass on adverse possession to the next occupant?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

We are in the UK

Lawyer's Assistant: Has anything been filed or reported?

We have checked with HM Land Registry and the land is unregistered

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't believe so

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Answered in 12 hours by:
10/29/2017
Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 35,269
Experience: 25 years exeperience
Verified

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

How long has the land been abandoned and what other steps have you taken to trace an owner?

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Customer reply replied 8 months ago
Hi there. The land has been abandoned I believe since the house was built in the late 1980's. We have done a "search of the index map" through HM Land Registry who responded to say the land is unregistered. Our previous owners believed it belonged to the property developers but there doesn't appear to be a trace. We have owned the property for 18 months. Thanks

How big a piece is it and have you adopted it as part of your land?

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Customer reply replied 8 months ago
The full extent of the land is around 6 metres by around 15 metres. We have not yet adopted it as our own. We did not want to before consulting someone. We have maintained some of the trees but not removed our boundary.

Have you checked with the local Council?

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Customer reply replied 8 months ago
We have not checked with the local council as we assumed, perhaps wrongly, that as the land was unregistered it also wouldn't be theirs?

Land Registration became compulsory at different times in different areas so there are in fact still areas of Land which do not show on the Land Register as they have not changed hands since registration became cumpulsory

You need to make enquiries of the local council - including researching the original plans for the Estate which may cast some light on the issue

If there is still no evidence of ownership then you would have to enclose the land and treat it as part of your property - unchallenged - for 12 years at which point you can apply to Register the land as yours - and if no one objects then you will be registered as the owners.

You can sell your property (with this piece of land) in the mean time - you would be asked to give a Statutory Declaration setting out the time period in which you have treated the property as your own

I hope that this is of assistance - please ask if you need further details

Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 35,269
Experience: 25 years exeperience
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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