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Jo C.
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Hi Jo What is the correct procedure to claim registered

Customer Question

Jo
What is the correct procedure to claim registered and unregistered land that I have been mantaining years that run next to my home?
Brendan
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
.
Thank you question. My name is ***** ***** I will try to help with this.
Thanks me.
I am just offline now but I can look at this in the morning if that is OK?
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Expert:  Jo C. replied 2 years ago.

Before you can have land registered as yours under the doctrine of adverse possession you need to have occupied it and have proof that you have occupied it without objection and without consent are not in secret 10 years in the case of registered land or 12 years in the case of unregistered land. You have to have treated the land as your own period and you will need evidence that you’ve treated as your own such as dated photographs or receipts or witness statements from independent third parties. The more information and proof you have, the better.

The land Registry have produced a practice guide which you will get from the following link

http://www.justanswer.co.uk/law/8uy00--jo-what-correct-procedure-claim-registered.htmlhttps://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land

If you move forward to clause 4 on the Practice Guide it will guide you through the process.

There doesn’t seem much point in me duplicating what is in the guide.

Can I clarify anything ?

Customer: replied 2 years ago.

Sorry Jo, I havent forgotten to rate your response I just havent read all the information yet. Ive had a chat with Citizens Advice and they seem to think that we dont need to have looked after it /14 years anymore and that this law has changed. Im still reading through

Regards

Brendan

Expert:  Jo C. replied 2 years ago.

the law has indeed changed. It is made as possessing (squatting) in residential property criminal offence since October 2012. That doesn’t apply to encroachment on the garden but to people living in the property. The periods of adverse possession are 10 and 12 years not 12 and 14.

You have those periods written in the land registry practice guide.

The link appears not to have pasted properly so here it is again.

https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land/practice-guide-5-adverse-possession-of-1-unregistered-land-2-registered-land-where-a-right-to-be-registered-was-acquired-before-13-october-2003--2

Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience: Over 5 years in practice
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Customer: replied 2 years ago.

Jo

Ive spoken with the Citizens Advice Bureau and they are looking into this with a property lawyer who will be in touch in the next couple of weeks. Their response at present is simply to apply to the land registry re-drwaing of the boundary and that we wont need to utilise the FR1 form. If it is objected to then it will simply be decided upon by a judge in a small hearing. This seems different from the advice given in the link above or am I missing anything. Any views

Kind regards

........Brendan

Expert:  Jo C. replied 2 years ago.
By all means try that with the land registry but I think that you'll get the application simply rejected because they don't routinely amend boundaries without a whole load of evidence.

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