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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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There. What would be the consequences application possession

Resolved Question:

Hello there. What would be the consequences for an application for adverse possession if the original owner of the land cannot be contacted? The address on the title deed is 37 years out of date, and it's believed the registered owner has moved abroad.
Submitted: 12 months ago.
Category: Law
Customer: replied 12 months ago.
Apologies for the mistype: by "original owner" I meant "registered owner".
Expert:  Clare replied 12 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

Do you meet all the other criteria for Adverse Possession?

Customer: replied 12 months ago.
I have not taken legal advice, but I believe so. The property in question is a single garage with hardstanding for one car in front of it. I have used the hardstanding to park my car there for at least 11 years. The garage has not been entered in that time, and is now in a derelict condition after the roof blew off in a storm a couple of years back. My use of the hardstanding has been continuous and exclusive, and access to the garage has been prevented - it has no side door.
Expert:  Clare replied 12 months ago.

Sorry - is parking your car there all that you have done?

Customer: replied 12 months ago.
I have not put up any signs, no. The garage is attached to the rear of a private residence and appears to be part of that property, although it is not. Nor have I done anything to physically bar access to the hardstanding, as nobody would park in what appears to be someone's driveway. The only act I have performed to prevent access and to assert my control is to use my car. In fact the car has been declared SORN for perhaps five years and has been immobile for that time.
Expert:  Clare replied 12 months ago.

I am afraid that that is certainly NOT sufficient to make a claim for Adverse Possession - it would not even be considered and the issue of the address would not be relevant.

Had it been a viable applictaion there would not be a major issue - Notice would have been sent to the address recorded at the Land Registry and if no response was received then

Possessory Title would be granted.

Please ask if you need further details

Customer: replied 12 months ago.
I am surprised and disappointed to hear that. By using the hardstanding, surely I was preventing its use - and use of the garage - by anyone else. I have been in factual possession of the property, with the necessary intention to possess and without the owner’s consent. That possession has been single and exclusive, I have been dealing with it as an occupying owner might have been expected to deal it, and no one else has done so. I have, in my own name and on my own behalf, excluded the world at large, including the owner with the paper title. I fail to see how my actions fall short of what is described in the Land Registry's PG4.
Expert:  Clare replied 12 months ago.

I am afraid that parking a car on a piece of land does not amount to "dealing with it".

It does not amount to factual possession - you have not enclosed it, cared for it or paid any outgoings on the land

It simply does not even begin to make a case I am afraid

Customer: replied 12 months ago.
Then I shall take further steps to assert my control, and remain patient.Returning to my original question, if I know that the registered owner is no longer at the address on the title deed, is there no burden upon me to discover his current whereabouts? If an application for AP is submitted to the Land Registry and they attempt to contact him, but receive no reply or their communication is returned "not known at this address", is that all that procedure requires?
Expert:  Clare replied 12 months ago.

You will have to fence the area off and tend it properly

The Land Registry will write to the address on the Register - if that does not reach them then it will go ahead anyway.

Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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