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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25992
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have had sole use of the basement for 38years .i also am

Resolved Question:

I have had sole use of the basement for 38years .i also am a shared freeholder .there are only two of us living in house out of 10 flats .the rest are let out a HMO has been served and the cellar has to be done. I am afraid I will loose it.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Can you kindly confirm that you have had sole possession - i.e. no one else has had nor could have had access to the basement other than with your permission through your flat please?

Customer: no one else in the house has access the agent has a key in the last six years and when they need to inspect it for house insurance resons I open one of two locks so they can get acess if I am out most times I am on sight .
Customer: I am in .the basement entrance is from the common parts next door to my flat .
Customer: Times I p
Customer: Entrance is in main hall next to my door.
Joshua :

Thanks. On the basis that the basement is not already demised to a third party under an existing lease (in which case the rules are a little different) you have been using the basement exclusively and no-one else has had access for a period of 12 years or more you may have a case for adversely possessing the basement. If you are successful in claiming adverse possession of the basement on the above grounds - you will likely need a solicitor to assist you with a adverse possession claim - the basement will be added to your demise and will be subject to the same terms as the lease - as provided for by Smirke v Lyndale Developments Ltd.


Joshua :

The first step is to confirm that the basement is not registered to another leaseholder. You will then need to amass evidence to support exclusive possession for 12 years or more. This can be in the form of witness statements and / or other evidence such as photos or documents showing you have had occupation. A solicitor can and will in practice help you with amassing evidence.

Joshua :

If you can show the required evidence as above then the basement can be added to your lease as above and a registration application to alter your title deeds at the Land Registry.

Joshua :

Is there anything above I can clarify for you any further?

Joshua and 3 other Law Specialists are ready to help you