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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I amregistered at land registry with possessery title to a

Customer Question

I amregistered at land registry with possessery title to a buiding plot after being in adverse possession for 12 years and making a stat dec to that effect [reg 2013] IF a owner of sound mind appears do i have a good title against him
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

What date in 2013 was it registered?

Was it previously unregd?

Has anyone come out of the woodwork? Are they disputing yr 12 years?

We need full background please

Expert:  Stuart J replied 4 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

What date in 2013 was it registered?

Was it previously unregd?

Has anyone come out of the woodwork? Are they disputing yr 12 years?

We need full background please

Customer: replied 4 years ago.


THE landwhich is worth about £100,00 wasregistered in april 2013 it was previously un registered no one has ever challenged the title .the land has been fenced [with no gate]andcleared fromtime to time .the land registry had no queries on the stat dec . Our enquires showed the old shack we demolished 2002 had been vacant since 1994

Expert:  Stuart J replied 4 years ago.


You
need to have occupied it for 12 years if it was unregistered before you can
register it as your own. There is less likelihood of a challenge on
unregistered property unregistered property. The period is 10 years for registered
property

If
you now have possessory title and somebody comes out of the woodwork and claims
that the land is theirs, they cannot defeat your possessory title unless they
can prove that you did not occupy it to the exclusion of all others and treat
it as your own for 12 years.



Presumably,
you have some proof that you have done that and if they were going to defeat
your claim, they would have to find some proof to the contrary.



I
assume that no one has ever objected to this since 2000 and I also assume that
you were never given any permission to use this land and simply occupied it
without consent.



If
you were given consent and the owner who appeared from under a stone can prove
that, your possessory can be overturned. You have to occupy it for a further 12
years before you get title absolute.





Does that answer
the question. Can I assist any further?



I am happy to
follow up any individual point you make



I am off-line
shortly until tomorrow but am generally online and off-line each day and most
weekends.



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Customer: replied 4 years ago.


excellentservice

Expert:  Stuart J replied 4 years ago.

Glad to help.

Please don't
forget to positively rate my answer service . If you don't rate it positively, then the site keep your deposit and
I get 0 for my time.