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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10457
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Since the early 1970s, I have used and maintained a shed/garage

Resolved Question:

Since the early 1970’s, I have used and maintained a shed/garage despite it being on someone else's land. Over the years, several persons have owned the land in question but the issue of ownership of the shed/garage has not been formally raised until now, with yet another new land owner.
My garage is detached and free standing and is one of a dozen other garages "owned" by persons other than the land owner.
Having had the privilege of using the garage/shed for over forty years, what rights, if any, do I have, e.g. adverse possession? If I do have rights to apply for adverse possession, what sort of evidence do I need to gather to successfully prove such possession, and how do I go about making such claim?
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

The law is that if someone possesses unregistered land for 12 years or more (10 years if the land/property is registered at the Land Registry), then that party can make an application to the Land Registry under the adverse possession law for possessory title of the land, if this use has been without the consent of the true owner and without dispute from the true owner.
As you have had possession for over 10/12 years, you are entitled to make such an application.

I therefore suggest that you speak to a local Conveyancing Solicitor to assist you with the appropriate Land Registry application. This will entail you signing a statement of truth confirming the time span of your use/possession of the garage.
There will be a Land Registry fee of approximately £50-£100 to pay, and your Solicitor is likely to charge you approx. £300-£500 plus VAT.
If you are successful, and from what you tell me, I think you are very likely to succeed,you will then be granted "possessory title" of the land, which means the Land Registry acknowledge that you are not the true paper legal owner of the land, but that you have gained title through possession. You will be entitled to apply to become "absolute title owner" 10 years after you have been registered with possessory title.

I hope this assists you and answers your question.

Kind Regards
AL
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