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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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We have lived here for 11.75 years. coming to sell it has come

Resolved Question:

We have lived here for 11.75 years. coming to sell it has come to light that a strip of land 6ft x 24ft does not belong to us. In the time we have lived here and for the 21 years (#) since theypurchased the neighbours have lived in the property adjoining it has been enclosed in our rear garden.
Not only were we unaware but our neighbours reaction was they knew nothing about it (This was c. 8 weeks ago) was of no use to them and would only be a cause of trouble. Since then things have become more difficult. No attempt to reclaim the strip, nor has anything at any time been said to us.
Are we in a position to claim adverse possession ? Our property is registered. Last 2 owners were in possession for about 25 years. Fence may have been there longer.
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.

Provided the land is registered at the Land Registry, you do have the right and ability to apply for adverse possession.
Under law, provided a party has maintained a piece of land, without dispute or express consent of the true owner for 10 years, then they are entitled to be granted possessory title. You would have to show that you have been possessed the land, and as it is fenced in and has become an integral part of your property, you can show this.

Such an application will take a few weeks, however, and if you can come to an agreement with the neighbour that they transfer the land to you at minimal cost, this is going to be easier all round and a lot quicker.

I hope this assists and answers your question.

Kind Regards
AL

Aston Lawyer and other Property Law Specialists are ready to help you
Expert:  Aston Lawyer replied 3 years ago.

Hi Peter and Sue,

Can I be of any more assistance to you?

Kind Regards

AL

Expert:  Aston Lawyer replied 3 years ago.

Hi,

Can I be of any more assistance to you?

Kind Regards
AL