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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10394
Experience:  Barrister 17 years experience
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There is a piece of land next to my farm which i have been

Customer Question

there is a piece of land next to my farm which i have been using for around 2 years now. i have checked with the land registry and it is unregistered and i would like to apply to claim it. i need to know how i would go about this as i have heard many different ways in which this is done.
Submitted: 8 months ago.
Category: Law
Expert:  Buachaill replied 8 months ago.

1. Dear Alex, you need "exclusive possession" of this piece of land for 11 years together with an intention to come to own it. in practice, this means that you must fence off this piece of land and prevent other people interested in the ownership coming onto it, unless you give them permission. After the 11 years have passed, you can seek to do a first registration in the Land Registry on the basis that you have adverse possession or squatter's rights to this piece of unregistered land. The first registration is critical because it then converts your title into a registered title which is then good against all the world and which is not solely based upon possession. A squatter's title is based solely on possession. If a squatter loses possession of a piece of land, his title to it ends.

Expert:  Buachaill replied 8 months ago.

2. I would suggest that you get a solicitor to help you with a first registration of title to the land when you have it 11 years. I regret to say that two years occupation is not sufficient to found a possessory title in the Land Registry. You will need to hold it a minimum of 11 years.

Expert:  Buachaill replied 8 months ago.

3. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10394
Experience: Barrister 17 years experience
Buachaill and other Law Specialists are ready to help you
Customer: replied 8 months ago.
do i need some sort of proof that my possession for 11 years has begun? if so how would i prove that i am in possession of the land? would some sort of photo including a newspaper work?
Customer: replied 8 months ago.
do i have to tell land registry that i have started possessing the land to inform them that my 11 years has begun?
Expert:  Buachaill replied 8 months ago.

4. You don't need to inform the Land Registry that your 11 years of possession has begun. YOu only involve the Land Registry when you want to register your title after 11 years have passed. However, you should use the idea of a photo including a newspaper to date things.

Customer: replied 8 months ago.
a photo of me building the fence around the boundary of the land with a dated newspaper would be sufficient proof that my 11 years began on that date? would posting a copy of this photo/photos to my self in order to have a date from the post office help as well?
Expert:  Buachaill replied 8 months ago.

5. Both are good ideas. You should also get some third party to swear an affidavit as to the date you entered into possession. This can then be used if you are doing a first registration in the Land Registry.

Customer: replied 8 months ago.
how do i do that? can they sign a letter saying that i have taken possession of the land from this date specified?
Expert:  Buachaill replied 8 months ago.

6. An affidavit is a statement made under oath before a solicitor/barrister/Commissioner for Oaths. It would be good evidence to offer in a court hearing. I only mention this because if a dispute ever arose, it would be good to have a sworn statement. A letter is good evidence, but you cannot admit it in court proceedings should someone come along and claim to be the owner of the piece of land.

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