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Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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We have resided in our property years. There is a boundary

Resolved Question:

We have resided in our property for 13 years. There is a boundary beside our house which we have maintained for the entire time.
Approximately five years ago we determined to attempt to find the person / people / company etc who actually owned the land and contacted the Land Registry. All we could find was the building company who built the houses in the cul de sac but they had dissolved many years ago.
We contacted our local landowners who owned the field behind. At first they said they did not own the land or right of way but were after several months able to produce a document to prove they indeed did.
We now rent the strip of land which is just about able to take a tractor from the Estate for £40 per annum. This has been satisfactory so far but we now want to build a garage ad the estate is asking for an exorbitant sum of money for this meagre strip. Considering they have done nothing on this land yet alone maintain it, what is our legal position if any?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Since 2003, title to registered land by possession has been abolished, so it is no longer possible to claim ownership of land merely by maintaining it or having possession of it. Title to land by squatter's rights or adverse possession was abolished in relation to registered land. Accordingly, you will have to purchase this strip off the owner. They can set the price and there is no third party appeals process if you consider the price exorbitant. Similarly, renting the land gives you no rights to purchase the land at a reduced price. You can only bargain with them for an appropriate amount. Otherwise, there is nothing in the law which helps you, I regret to say. The other possibility is that you purchase or agree to a long lease, whereby you build your garage but you continue to pay an annual rent. This would make the building of the garage possible and with the passage of time, the amount payable in rent would diminish in real terms.
Customer: replied 1 year ago.
Many thanks for your reply. I have also heard of "Possesionary Title". Would this be applicable in this instance?
Thank you
Expert:  Buachaill replied 1 year ago.
2. No, the former notion of possessionary title was abolished in 2003 for registered land which is what you have. So you cannot get title here by possession. It no longer exists and is not applicable in this instance.
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Customer: replied 1 year ago.
I've sent another question and paid £38 and have not had a response. What am I supposed to do?
They are only giving US contact numbers.