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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have a shared access with a neighbor down a short lane to

Resolved Question:

We have a shared access with a neighbor down a short lane to a field that the farmer has a right of access too, there is a public footpath along the lane and across the field.
Can the neighbors and ourselves have the lane conveyed to us, with the farmers right of access unaffected and the footpath also. As we have maintained the lane for many years.
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 is not registered to anyone?

Customer: replied 1 year ago.
No not that we or anyone else can find, we have an indemnity policy in place over the lane.
Expert:  Ash replied 1 year ago.

Ok - then this is what you need to show in order to claim possession:

  • the squatter has factual possession of the land
  • the squatter has the necessary intention to possess the land
  • the squatter’s possession is without the owner’s consent
  • all of the above have been true of the squatter and any predecessors through whom the squatter claims for at least 12 years prior to the date of the application

If you can show all of this then you can apply for adverse possession of unregistered land at the Land Registry. For more information 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

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

Customer: replied 1 year ago.
Very helpful, no more questions thanks so much.
Expert:  Ash replied 1 year ago.

Happy to help. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Customer: replied 1 year ago.
I forgot to ask can we do this jointly with our neighbors
Expert:  Ash replied 1 year ago.

Yes you can. Does that clarify? Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Many thanks
Expert:  Ash replied 1 year ago.

A pleasure to help. Alex