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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I purchased my house in 1972 its previous owner from

Customer Question

Hello I purchased my house in 1972 its previous owner from 1950
Our deeds shows that the the land one meter wide between the road kerb and my boundary does not belong to me
In 1980 we removed the boundary hedge and built a new kerb of "cobble stones" which was previously missing.
This area has been maintained by me
Have a right to claim this land under "squatters rights"
Thanks and look forward to hearing from you
Kind rgds Wil Miller
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

Hi there, my name is Tony. Thanks for your question, I can help with it.

If you have maintained an area of land since 1980, and have demonstrated an intention that it's yours to the exclusion of others (which you do by maintaining it usually), then this is a very good indication that you will have become the onwer of the land. This happends after 12 years of you doing such things inconsistent with the rights of the true owner - i.e. maintaining it and exlcuding him/her from it in effect.

It's always a question of fact for the Court to determine whether you have maintained the land and excluded the true owner, but then it is in every case like this.

Hope this answers your question. If not, please do ask for clarification on any point, otherwise, please do remember to rate the answer for me.

Kind regards

Tony

Customer: replied 2 years ago.

Thanks would I have needed to posted any notices to ban parking or similar?

Wil

Expert:  tdlawyer replied 2 years ago.

No, banning parking is a different issue to whether the land has become yours by adverse possession.

Regards

Tony

Customer: replied 2 years ago.

What if the council claim to have ownership?

Expert:  tdlawyer replied 2 years ago.

If they owned it and you've acquired title by adverse possession, then it doesn't matter who owned it to start with. Adverse possession works against council property too. So I don't see that it makes a difference to the answer.

Regards

Tony

tdlawyer and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello I've spoken with the Land Registry and they state that if Adverse possession is granted as the land is showing as unregistered I would have to wait 10 (ten) years for it to be legally mine Is this correct??

K R Wil Miller

Expert:  tdlawyer replied 2 years ago.
No, you've already been there longer than that. A useful Land Registry guide is here: https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land/practice-guide-5-adverse-possession-of-1-unregistered-and-2-registered-land-where-a-right-to-be-registered-was-acquired-before-13-october-2003
Tony

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