How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10176
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

I have lived in my freehold flat for 16 years. Part of the

Customer Question

I have lived in my freehold flat for 16 years. Part of the garden belongs to the origin owner but I have paid for its upkeep for the lays sixteen years without intervension. How can I claim this land
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, could you please let me know if the part of the garden in question is fenced in with the rest of your garden?

 

You mention that the original owner still legally owns the part of the garden. Does he still own one of the flats?

 

Is your flat in a large block or is it a masionette? You say you own the freehold- do you and the other residents own a share in the freehold?

 

Sorry for all the questions!

 

I look forward to hearing from you.

 

AL

Customer: replied 3 years ago.
1.yes.
2.no.
3.maisonette.I own the freehold
4.The flat above is leasehold
Customer: replied 3 years ago.
The original owner no longer owns either of the flats.
My flat is in a maisonette conversion and the flat above is leasehod
Expert:  Aston Lawyer replied 3 years ago.

 

Hi again,

 

Sorry for the delay in replying. There has been a problem with the site preventing me from answering you, but this appears to be fixed!

 

If the land has been fenced in by you and used solely by you, you are entitled to apply to the Land Registry for possessory title of the land. Under law, such a claim can be made if you have possessed the land for 10 years or more without dispute.

 

It will probably be best for you to instruct a local Conveyancing Solicitor to prepare the required Statement on your behalf (as he will know what sort of information will assist a successful application) and this Statement has to be in a standard format. Once the application has been lodged, a Land Registry Surveyor will visit the property to check the position, and then the Land Registry will make its decision whether to grant possessory title or not.

 

From what you tell me, it sounds that you have a very good case.

 

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

 

Kind Regards

AL

Customer: replied 3 years ago.
Thank you for your help I will now consult a local solicitor for further advice.
Expert:  Aston Lawyer replied 3 years ago.

 

Many thanks.

 

If you are happy with my Answer, I would be grateful if you could leave positive feedback, so I may get credited for my time.

 

Best Wishes

AL

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice