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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7481
Experience:  UK solicitor holding an England and Wales practising Certificate.
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We have used a small area of land, approx 5 sq m, adjoining

Customer Question

We have used a small area of land, approx 5 sq m, adjoining the land at the bank of our house for the past 15 years, uninterrupted and exclusively. We have planted two small trees and a flower bed to improve the area. We have now found out who owns this small piece of land. do we have any rights to it?
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi

Thanks for your patience.

If you have enclosed the land and looked after it for that length of time you do appear to be eligible (from a time perspective) to make a claim for the land and you have to prove what is termed “adverse possession” to the Land Registry in order to have it registered in your name.

If the land in question is unregistered then you must have been using it continuously for 12 years in order to claim possession of it and be registered as the registered proprietor at the Land Registry

If the land is registered then you need only have been using it continuously for 10 years in order to apply for adverse possession at the Land Registry. Notice of the application will be sent to the current registered proprietor of the land, who is obviously at liberty to object. It is therefore more difficult to claim adverse possession of land that is registered.


In the case of both applications you would have to submit form ADV1 to the Land Registry together with sworn statutory declarations regarding how long you have been using the land (from you and others who know of your use) and it is certainly something over which you should consider taking specific legal advice from a local solicitor to ensure that the application and supporting documentation is drafted correctly to give you the best possible starting position.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom

Expert:  Thomas replied 3 years ago.


Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom

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