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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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When I bought my house in May 2013 I was given the original

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When I bought my house in May 2013 I was given the original Land Registry form TP1 (Transfer of part of registered title) which shows the boundaries of the property and has been signed by the building company and the first owner. When I finished my mortgage last year (2015) I purchased new title deeds and plan which show that the boundaries have been changed. The changes refer to a strip of land between a turning area and adjoining farmland. This strip and the turning area are connected to the end of my drive, being the last house in the street. The first owner of the house was the daughter of the builder. It appears that when the house was first registered in her name, the strip of land was retained by the builder. As this strip of land would provide direct access to the adjoining farmland, I am concerned that if the farmer sold the land, our quiet avenue would be turned into a through road with a building site at the end. This strip of land has been looked after by myself for three years and for seven years by the previous (2nd) owner. After twelve years, would I be able to claim the land through adverse possession? The builder has not tended to the land since the estate was built.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear Colin, since 2003, it is no longer possible to claim adverse possession or "squatter's rights" to registered land. It is now only possible to claim adverse possession to unregistered land. Accordingly, unless you can show you had possession and fenced off this strip for eleven years prior to 2003, you will no longer be able to claim adverse possession to this registered land strip. The law changed on this date and it is not going to change back. Instead, what I would suggest is that you seek to purchase the strip of land from the building company who owns it. It is of no use to the builder nowadays and they will quite willingly sell it as it would be money they never expected. This is your remedy here and not adverse possession.
Expert:  Buachaill replied 1 year ago.
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