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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9605
Experience:  I have been practising for 30 years.
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I have been farming a piece of land since early 1980 and my

Customer Question

i have been farming a piece of land since early 1980 and my father did before that. i pay rent for the land twice yearly on a tenacy but the land is unregistered. can i regerster it in my name
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

If you pay rent, then you occupy the land with consent and hence, you cannot have the land registered in your name under the doctrine of adverse possession because your occupation must be adverse. It must be without consent, without objection, and not in secret.

It would be different if you had simply occupied the land, moved onto it and started farming it, if it was unregistered but privately owned, even if you didn’t know the owner whereas, you could have applied to have it registered as yours after 12 years of treating it as your own.

It’s the payment of rent and the consent to be on the land which means you can’t apply to have it registered as yours.

Sorry.

Can I clarify anything for you?

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Best wishes.

FES

Customer: replied 1 year ago.
thankyou for your help. I thought that would be the case but just wanted to be 100% sure .
ThankyouSteve Eddins
Expert:  F E Smith replied 1 year ago.

I am glad to have assisted you.