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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My garden boundary was moved by the previous owner over 29

Resolved Question:

my garden boundary was moved by the previous owner over 29 years ago which took some council land ( approx 15 ft x 12 ft ) can they ever claim this back or can i claim squatters rights after maintaining the land for that period of time
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

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

Have you ever registered the land in your name please?
Alex

Customer: replied 11 months ago.
No unfortuantely not. We did try but the land registry would not accept it as it was council land.
Thanks
Expert:  Ash replied 11 months ago.

Ok - is the Council land registered?

Customer: replied 11 months ago.
it is registered as council land
Expert:  Ash replied 11 months ago.

Did the Council object to your registration or didnt it get that far?

Customer: replied 11 months ago.
It did not get that far. My solicitor sent it to the land registry where we were told they refused to add it to my boundry as it was council land.
Expert:  Ash replied 11 months ago.

Ok - then thats ok, you can still apply for adverse possession.

But you need to show 10 years use, excluding all others.

The Land Registry will notify the Council if your intent to register. The Council will then have a limited time to object to it. If they dont then can be registered.

If they do object then your application fails. Unless its registered in your name, you can be kicked off that land at any time, it does not matter how long it has been.

For more guidance please see:

https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land
Can I clarify anything for you about this today please?
Alex

Expert:  Ash replied 11 months ago.

If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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