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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10459
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I have lived in my property for 3 years now and when i bought

Resolved Question:

I have lived in my property for 3 years now and when i bought it i new a small piece of land was on the deeds of a neighbours property but got a letter from the person i bought the house of all done properly by a solicitor that they had used this piece of land since 1993.The house that owns the land was sold a year ago and the new owner has turned up today saying he is claiming the land and putting a fence up. my question is can he do this after all this time.
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.

So that I can answer you fully, could you clarify-

1. Did you or your Seller ever apply for possessory title of this land?

2. Is this land fenced and forms an integral part of your property?
(I am not clear why the neighbour needs to put a fence).

I look forward to hearing from you.

AL
Customer: replied 3 years ago.
No i never applied for title of this land as i thought the letter i got when i purchased the property was enough. The bit of land is at the bottom of my garden which i have a bench on. The man wanting the land back has a rough strip of land running diwn the side ov my garden that he does nothing with. This bit of land is not ajoining his property but a short walk away. I have spoke to him today as he has been out and put a line across saying he owns this piece. I would like to know if the document i have stating that the piece of land has been with this property since well before 1993 is any good.
Expert:  Aston Lawyer replied 3 years ago.

Hi Vanessa,

Thanks for your reply.

I'm afraid a piece of paper from your Seller isn't sufficient evidence or proof that you now own the land, and I don't know why your Solicitor may have said this to you at the time of your purchase.

In order for you to legally own the land is by applying to the Land Registry for "possessory title". Basically, provided a property owner has possessed land for 10 years or more without the consent of the true owner, an application can be made to the Land Registry, who, if they are happy with the evidence provided, will grant possessory title and you will be issued with "Deeds" to the land.
The fact that the true owner has come along now will not defeat your application, but you should go and see a local Conveyancing Solicitor to get the ball rolling. In your application, you will need to refer and forward the necessary evidence from your Seller that he was in possession of the land, to enable you to prove the 10 year use.

I hope this answers your question and sets out the legal position to you.

Kind Regards
AL
Expert:  Aston Lawyer replied 3 years ago.

Hi Vanessa,

Can I assist you any further?

Kind Regards
AL
Customer: replied 3 years ago.
No thankyou. Think i need a solicitor because i hope this letter i have stating the bit of land has been used by my property since before 1993 will help. Vanessa
Expert:  Aston Lawyer replied 3 years ago.

Hi Vanessa,

Thanks for your reply.

If I have assisted you, I would be grateful if you could leave positive feedback.

Kind Regards
AL
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