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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 861
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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How do I make a legal claim on a piece of spare land left between

Resolved Question:

How do I make a legal claim on a piece of spare land left between my garden fence and the fence erected by Persimmon when they built a housing estate at the bottom of my garden .
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
If you want to purchase the land then you could check the title on the Land Registry to see who the owner is and then make an offer for the purchase of the title. You can check who is the registered owner at the Land Registry - only costs a few pounds. This will also tell you if the land is registered.
https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0C7IdFQG9k5Tz/
Otherwise if you wanted to try and claim the land under adverse possession - and if the land is registered which given your description it likely will be - then you would requires factual possession of the land, with the necessary intention to possess and without the owner’s consent. You would have to be a squatter on the land for at least 10 years before you could make an application. Factual possession signifies an appropriate degree of physical control.
After 10 years’ adverse possession, you would be entitled to apply to be registered as proprietor in place of the registered proprietor of the land.
When this type of application being made the registered proprietor (as well as some other persons interested in the land) would be notified and given the opportunity to oppose your application.
If your application was not opposed - then you would be registered as proprietor in place of the registered proprietor of the land.
If your application was opposed, it will be rejected unless either:
(a) it would be unconscionable because of an equity by estoppel for the registered proprietor to seek to dispossess you and you ought in the circumstances to be registered as proprietor
(b) you are for some other reason entitled to be registered as proprietor, or
(c) you have been in adverse possession of land adjacent to your own under the mistaken but reasonable belief that they are the owner of it, the exact line of the boundary with this adjacent land has not been determined and the estate to which the application relates was registered more than a year prior to the date of the application.
In the event your application is rejected but you remained in adverse possession for a further two years, you will then be able, subject to certain exceptions, be able to reapply to be registered as proprietor and this time will be so registered whether or not anyone opposes the application.
Kind Regards
Caroline
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