How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
28732269
Type Your Property Law Question Here...
Thomas is online now

For the last 26 years I have made use of a strip of land approx

Resolved Question:

For the last 26 years I have made use of a strip of land approx 40 metres long and 4 metres wide between my boundary and the lane (not a public highway) which runs alongside my property. At no time has anyone queried my use of the land and I would like to legally claim it as mine. How do I go about this?
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

Have you fenced the land?

Have you maintained the land as if it were your own land?

Kind regards.

Tom
Customer: replied 3 years ago.

Part of the land has been fenced but I have maintained al of it it as my own.

Expert:  Thomas replied 3 years ago.
Hi

IN order for a person to claim land that is not their own they have to prove what is termed "adverse possession" to the Land Registry.

In order to claim adverse possession you must have occupied the land for either 10 or 12 years depending on whether or not the land is registered or unregistered.

You would have to prove your occupiation of the land with documentary evidence, so you would need a statement from you and others that have known of your occupation and any photos of the land over time.

You must also show that you intended to possess the land during the period of time that you have occupied, which usually means fencing and this may prove a weakness in your case if you have not fenced the entire land.

You would have to submit your claim by completing the Land Registry form ADV1, which is available from the land registry's website:-
http://www.landregistry.gov.uk/professional/forms

Really though, you should instruct a solicitor to prepare the application because it if is defended by the current owner of the land you want the best starting position.

Kind regards,


Tom
Thomas and other Property Law Specialists are ready to help you

Related Property Law Questions