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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10128
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hi i need some advise regarding adverse possession, we been

Customer Question

Hi i need some advise regarding adverse possession, we been living in a property for 11 years but been maintaining the property for 12 years we used to live next door to the property it was in a very sorry state and kids used to play in it, i hired a private detective to try and locate the owner but didnt have any luck has he moved to another counrty, yesturday out of the blue and elderly man knocked saying he the owner i wasnt in at the time, he left he contact details asking for me to call him, he only in the contry on holiday before i call him i need to find out where i stand and have i any rights has i have spent many thosands on repairing the propety and making it look nice.

Many Thanks paul
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hi there,

Thanks for your enquiry.

So that I can answer you fully, do you know if the Property is registered at the Land Registry or not?

I look forward to hearing from you.

Kind Regards


Customer: replied 3 years ago.



Yea its registered to the owner the gentleman the knocked on the door yesterday is the deed owner, When he left the property that many years ago he left it in a sorry state, windows missing no plumbing works and electrics the house was fall with asbestos and i had to pay a company to come and remove it has kids had been braking it up, i have spent around £50.000 refurbishing the property and we get bailiffes knocking and letters for him has he owes a sum of around £35.000 to the council and other companys.


Regards Paul

Expert:  Aston Lawyer replied 3 years ago.

Hi Paul,

Thanks for your reply.

As the Property is registered at the Land Registry, the magic number of years you need to have possessed the Property is 10.

In order to be successful, and obtain possessory title, you will need to show that you have possessed the property for 10 years continously without dispute or hindrance from the true owner. The fact that he may have turned up now won't affect any application you make as you have already "earned your 10 years" by the sounds of it.

The Land Registry will also require evidence of your possession- eg utilty bills for the 10 year period.

As the property is registered, the Land Registry have a set procedure as regards XXXXX XXXXX true owner- they will write to him at the address they have for him or the address he has provided them with (he is not likely to have informed them of any other address I woudn't have thought). If the Land Registry do not get any response from the paper owner, then your application then proceeds and they look at the circumstances of your case to see if possessory title should be granted. Even if the Land Registry do end contacting the paper owner, he would have to show that you have NOT possessed the property for 10 years, or he gave you permission to occupy, for your application not to be successful.

I therefore suggest that you contact a local Solicitor on Monday to get the ball rolling!

I hope this answers your question, and if so, I would be grateful if you could leave positive feedback.

Kind Regards


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