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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I am just getting the deeds to a new house, it seems as though

Resolved Question:

I am just getting the deeds to a new house, it seems as though the adjacent neighbours have taken a portion of land that is included with the deeds to my new property. It appears that the previous owners never raised an issue for over 17 years, as far as I am aware the neighbours have not applied for adverse possession (if that is the right term) of the land. Legally what are my options to reclaim the missing area of my land?
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.

Did your Solicitor send you a copy of the Land Registry title Plan showing the extent of the property during the course of your Purchase?
If so, did you query that the Plan did not match the boundaries on the ground with your Solicitor?

As regards ***** ***** in question, does it form an integral part of your neighbours property ie is it fenced in and maintained by your neighbours?

I look forward to hearing from you.

Kind Regards
AL
Customer: replied 3 years ago.

Hi, thanks for your response.


 


The situation is that my Fiancé is getting the deeds to her Grandmother's house signed over once she has been declared mentally competent to do so. As yet no other solicitors have been involved. I was enquiring mainly as to the options available to reclaim the land (roughly 5 metres) which is fenced off and has a large hedge grown on it on the neighbours side. I'm guessing integral has a legal meaing i'm not aware of but since its just an extension of thier garden it serves no important function such as road or path access.

Expert:  Aston Lawyer replied 3 years ago.

Hi Alex,

Thanks for your reply.

Under adverse possession law, I confirm that if a party possesses land belonging to another, without dispute or express consent of the true legal owner for 10 years or more, they can apply to the Land Registry for possessory title of the land.
To be successful, they would have to show that they have utilised the land to the exclusion of the true owner. If the land has therefore bee fenced in and forms part of their garden, any application to the Land Registry would be successful.

If you dispute the land at this late stage, this would not prevent them from still applying for possessory title and if they take legal advice, I am sure this is what they will do.

I may be wrong and they may "return" the land if you ask them, but I fear that this issue has been left too long for you to do anything about it.

I hope this assists and sets out the legal position.

Kind Regards
AL

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