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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We moved to our newly built property in 1998. A neighbour

Customer Question

We moved to our newly built property in 1998. A neighbour claimed verbally that a small piece of unregistered land adjacent to a farmer's field at the back of our house was cultivated by her parents when they were both were alive. The old man died ten years ago and we have been using the land with the permission of his daughter. The daughter promised us the land in exchange for our labour to improve the empty property next door when the father died. When we tried to ask for the unregistered land in 2007, the daughter wanted 8000 quid which we could not afford. She did not count our labour when renovating her house and garden and she decided to live elsewhere, not in her father's property. The property is still empty and dilapidated. The daughter has died recently and the farmer advised us to take adverse possession because he said it was no man's land and he would give us a piece of his own land to enlarge the garden. He will also give a bit of his land to the grand daughter in exchange for the land at the back of our house to prevent dispute when the empty property is going to be sold. However, the plot the farmer is giving to the grand daughter is smaller than the plot at the back of our house. Can we take adverse possession of the unregistered land? The grand daughter knew of her mother's claim of the land we are using at the back of our house. But it wAs never registered and was an old road in the 60's.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear, this land you want is unregistered?
Alex

Customer: replied 1 year ago.
it is unregistered definitely.
Expert:  Ash replied 1 year ago.

Ok - then yes you can seek to register it under adverse possession.

To do this you must show:
1) You have possession of the land

2) You have intent to possess the land

3) You are there without the owners consent

4) You have done this for 12 years.

For more information on the process and procedure please see:

https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land/practice-guide-5-adverse-possession-of-1-unregistered-and-2-registered-land-where-a-right-to-be-registered-was-acquired-before-13-october-2003

But if you meet the conditions then yes you can seek to register it in your name

Can I clarify anything for you about his today please?
Alex

Expert:  Ash replied 1 year ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

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