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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I purchased my flat some twenty years ago and a strip of land

Customer Question

I purchased my flat some twenty years ago and a strip of land running parallel to the terrace of the flat had been planted with shrubs to screen the terrace from the communal lawn beyond. The seller provided me with a statutory declaration stating when the area had been planted and that she had been "in full and undisturbed possession and enjoyment of the land since 1983 without any claim adverse to my title"
I am in the process of selling the flat having also been in full and undisturbed possession since 1985. While I have flagged the situation to the agents my buyer is now thinking of pulling out of the purchase as he would want to fence off both the area shown in the lease and the area which has been used by the residents of the flat since 1983. Is there any way which I can claim title to the strip given how long we have been using it? I own a share of the freehold of the property and am a director of the Freehold Management Company and perhaps could agree to buy the land. The question is do I really have to as no one has laid claim to it for such a long time and as I have maintained the area at my own expense in addition to paying a contribution to the upkeep of the communal areas?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
You can only claim the land by seeking an application at the land registry. You need ten years exclusive use, therefore it's not enough to have maintained it, you needed to have excluded all others,
If you have done thus then you can apply for adverse possession. You make an application to the land registry and they notify the owner who has a limited time to object. If they do object your application fails but if they don't then the land is transferred to you.
For more help please see
https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 1 year ago.
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