Ask an Property Solicitor. Get an Answer ASAP.
So, in a metaphorical nutshell the house owner came home one day todiscover to find that somebody else has decided to fence off part of his gardenwhich he has used exclusively for 36 years and on investigation he discoversthat piece of land is not on his title deeds? The person who fenced it off andowns it is now offering to sell it ? Is that the situation?
How many other people are in the same situation?
Can the land be accessed from anywhere else?
What use is that piece of land to anybody else?
You are correct that is the situation.
Part of the land was according to the original architects plan (& the land registry title plan) intended to be part of the next door properties garden but that person lived there from 1970 to 2009 and the garden fenced boundary was as the actual one today not as the land registry title plan or the architect's plan. The next door neighbour bought the freehold in 2007 and the land Registry Title plan edged in red shows the actual fenced boundary. The triangle of disputed land was shown as a dotted line and was not claimed. The new owner who purchased the property in 2009 has only just been made aware of the disputed boundary and has been told that because the previous owner did not exorcise their right to claim the triangle of land it has now reversed to the ownership of the freeholder of the land.
An added fact is that the freeholder has been present and signed the documents at both properties transfer from leasehold to freehold and has not highlighted the boundary issue either in 1995 or in 2007. Could he have had a hidden agenda to take advantage of elderly owners?
In which case, if the owner of the property has treated the land as his ownfor more than 10 years and is occupied it without consent or objection, he isentitled to have it registered as his own under the doctrine of adversepossession.
It is worth checking house insurers to see whether there is legal expensescover to pay for the legal costs.
Here is everything you need to know about adverse possession from the landregistry http://www.landregistry.gov.uk/professional/guides/practice-guide-4
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