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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10256
Experience:  Barrister 17 years experience
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I recently brought a plot of land, where I built a new

Resolved Question:

Hello, I recently brought a plot of land, where I built a new build. Joining to my plot is a strip of land which is 25feet wide and runs the length of my plot. On my deeds, it states that I have a right of way over this strip, to pass, re-pass and use as I like. I have checked and land is unregistered with land register.
I have tried to fine anymore regarding this land but found nothing. I would like to make a claim for this land but am lost to know where to start. Can you give any advise
Regards ***** *****
Submitted: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 months ago.
1. Dear Clive, you will have to fence off this unregistered land for a period of 11 years and during this period exclude the lawful owner from it in order to obtain ownership rights. That is how you obtain squatter's rights or adverse possession to the land. This will give you a claim to ownership of the land. Secondly, be aware that if you search in your local Registry of Deeds, you will be able to trace the ownership of this land. This land will have been dealt with at some stage and the deed transferring the land will have been registered in the Land Registry. Get a search agent to do it on your behalf and in this way you will be able to find out who else can have a claim to the land. However, if you fence it off for eleven years successfully, you can then do a first registration of the land in the Land Registry and thereby claim ownership.
Expert:  Buachaill replied 10 months ago.
2. Please Rate the answer as unless you rate the answer your expert receives no payment for answering your Question.
Customer: replied 10 months ago.
Hello,
Have already fenced of land and check land registry, land is unregistered. So answer is not much help
Expert:  Buachaill replied 10 months ago.
3. Dear Clive, be aware additionally, that since the enactment of the Human Rights and the guarantee of private property, it is necessary to pay compensation to the true owner should they appear. So I would advise you to set aside money in a fund to pay for this eventuality, should it occur, as unregistered property, even if it is left idle, will have someone appear and claim it.
Customer: replied 10 months ago.
At present and for always, my title on deeds gives me a right of way over this land, to pass, repass and to use as I like, if I have been granted these rights, it sounds strange if it was owed, that the land owner would give me these rights.
See, I owed plot of land which is made up of three plots, 96, 95 and 94. These plots are in a line, next door plot is 93, 92 and so on. At each end of each plot, making up a strip of land called the right of way, Each plot has been granted to use right of way strip, the strip is unregistered, it no longer used as a right of way because each plot as included into their gardens, apart from me, I have fenced it of and left it.
Maybe the state owns it and it can't be brought, any idea?
Clive
Expert:  Buachaill replied 10 months ago.
3. I am sorry but I can only guess who owns it. I would suggest you get a solicitor or professional land agent to help you.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10256
Experience: Barrister 17 years experience
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Customer: replied 10 months ago.
Thank you for your help

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