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How do I demonstrate intention to possess a plot of land under

Customer Question

How do I demonstrate intention to possess a plot of land under adverse possession laws, I am already consider myself in physical possession but the law suggests this alone isn't enough. The current owners (a company) are listed for strike off and all directors are living abroad and one is recorded dead.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this

-Could you explain your situation a little more?

Customer: replied 3 years ago.

Thanks Jo, the land in question appeared abandoned and ungrazed after the directors of the holding company registered with absolute title, relocated abroad,


thereafter I drove my horses onto it and reconstituted the fences, (11years ago)


thereafter I have used the plot to house my bee skeps and have never been prevented from doing so. I read an obitutary for one of the directors of the holding company and I noted the holding company was listed for strike off for non filling etc in the past. so I just continue to use the land but want to gain title over it..






Expert:  Aston Lawyer replied 3 years ago.

 

Hi there,

 

I hope I can assist you with your enquiry.

 

Provided you have possessed the land in question uninterrupted and without dispute, then you do have the right to apply to the Land Registry for possessory title, as you appear to have been in possession for at least 10 years.

 

You will need to provide a statement of occupation/possession to the Land Registry with your application. Once received, the Land Registry Surveyor will inspect the site to check that it appears you are in possession.

 

I advise that you seek the advice of a local Solicitor to assist you with your application as there are set forms and statements that you will need to send to the Land Registry.

 

I hope this gives you the legal overview, and if so, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

Customer: replied 3 years ago.

Dear Jo, Unfortunately I cannot afford to retain contractual legal assistance but retain the wherewithal to advance an application to Land Registry.


 


The only outstanding issue raised by the Registrar of Titles is the demonstration of 'animus possidendi' which they claim is not enough in their view, relative to the intention to possess.


 


I need to consider whether there is some other factor which I'm not including which could demonstrate this fact, if you can assist further.


 

Expert:  Nicola-mod replied 3 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

Yes please, this would be helpful given the circumstances.

Expert:  leanne-jones replied 3 years ago.
Hello - my name is Leanne and it will be my pleasure to assist you today.

Have you been in occupation for 10 years and excluded all others.?
Customer: replied 3 years ago.

Hi Leanne, yes I have 11 years unhindered use to date. If reinforcing the fence is a means of excluding others I have done this, is that correct?

Expert:  leanne-jones replied 3 years ago.
What happens with adverse possession is that you need to satisfy the land registry that you have been in possession for over 10 years on an exclusive basis.

They will then notify the owner that an application for adverse possession has been made. The owners can object and if they do then your application stops. If the company is dissolved then the land will pass to the Crown. If they do not object or do not reply then the land will be transferred to you.

For more information please see http://www.landregistry.gov.uk/professional/guides/practice-guide-4

I hope this answers your question and if I can be of any further assistance please do not hesitate to contact me.


Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

If the Expert was helpful, you may compensate the Expert by rating their answer as satisfactory; however, if you still need help with your question, please feel free reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,
Nicola
Customer: replied 3 years ago.

Hello, unfortunately on this occasion I don't think my question has been answered.

Expert:  Nicola-mod replied 3 years ago.
Hello,

Then I will reach out to the Professional and ask them to follow up with you - you can ask as many questions as you like on this page until you are satisfied.

Thank you,
Nicola
Expert:  leanne-jones replied 3 years ago.
Forgive me I did not see this come back on my list.

For the avoidance of any misunderstanding, what is your question of me today?

Expert:  Nicola-mod replied 3 years ago.
Hello,

I'm very sorry but leanne-jones is no longer available to answer questions. I've been working hard to find another Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

Yes thank you Nicola, happy to wait, the content of my question remains the same but I note a payment has been taken despite the question being fully answered yet, I look forward to hearing from someone.

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola

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