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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Hi, I have owned a property for nearly 13 years and received

Customer Question

Hi, I have owned a property for nearly 13 years and received a letter last week from the owner of a freehold title (commercial) at the back of mine, who says a very small part of my garden has been unlawfully annexed by me and fenced off as part of my garden. I haven't changed the boundaries in the time I've owned the property so can only assume this was done many years ago.

I've done a bit of research and it seem that under the Adverse Possession and Land Registration Act 2002 I can possess the land under the "factual" posession element of the Act. My questions are:
-What are the next best steps I should take, incurring the least amount of cost.
-How do I claim Adverse Possession of the land (it's not clear on the land registry site);
-How long might this take?
-Should I let the author of the letter know I'm going to do this before it's completed - could they, for example, stop this if I tell them it's my intention - or does the Adverse Possession law mean that I am automatically entitled to the land, even if they challenge?

Thanks Kate
Submitted: 4 years ago.
Category: Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

If you want to claim adverse possession you need to lodge a claim at the land registry.

They will notify the owner of the land and inform them of your application.

The owner will then have a limited time to object to your application.

If they object then you can't claim possession,

If the person does not object then the land is transferred to you.

For more info please see

http://www.landregistry.gov.uk/professional/guides/practice-guide-4

I hope this helps.




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Expert:  UK-Justice replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice