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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7625
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I am currently purchasing a house, but it appears form the

Customer Question

I am currently purchasing a house, but it appears form the title deeds that an extension has been constructed on part of a neighbours land. This together with a defined fence line has been in position for at least twenty two years. As this has been established for this lengthy period, does this land now become the property of the Vendor?
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

It does not automatically become the included in the title of the vendor.

In order to claim land that is not your own you have to prove “adverse possession” to the land registry. 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.

So, they appear to meet the time requirements to claim adverse possession but it can get complicated if the present “owner” disputes the claim. Therefore, I would not proceed until the land has been included in the title that you are purchasing, whether by a successful adverse possession claim OR by the current owners transferring the part of the title in to the vendor’s title.

If you are purchasing with a mortgage then it’s probable that this will be the lender’s position on it too.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kindly rate my answer if you are satisfied with the information I have provided.

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 the information I have provided.

If not, please rate my answer.

Kind regards,


Tom