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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7626
Experience:  UK solicitor holding an England and Wales practising Certificate.
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how to i apply for squaters rights for land behind my house

Customer Question

how to i apply for squaters rights for land behind my house in enfield
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi,

Is it just an expanse of land?

How long have you occupied the land for please?

Kind regards,

Tom
Customer: replied 3 years ago.

It is land behind my house which has been used for over 12 years for growing vegatables

Customer: replied 3 years ago.

It is land behind my house i hav been using gor 12 years to grow vegtables

Customer: replied 3 years ago.

Did you get my response

Expert:  Thomas replied 3 years ago.
Hi

Great, thanks.

Have you enclosed the land during this time?

Tom
Customer: replied 3 years ago.

we have put fencing around and it is fully enclosed with only access from ny garden

Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

If you have enclosed the land and looked after it for that length of time you do appear to be eligible to make a claim for the land and you have to prove what is termed “adverse possession” to the Land Registry in order to have it registered in your name.

If the land in question is unregistered then you must have been using it continuously for 12 years in order to claim possession of it and be registered as the registered proprietor at the Land Registry

If the land is registered then you need only have been using it continuously for 10 years in order to apply for adverse possession at the Land Registry. Notice of the application will be sent to the current registered proprietor of the land, who is obviously at liberty to object. It is therefore more difficult to claim adverse possession of land that is registered.

If you do not know whether the land is registered then you can check using the Land Registry's online service by downloading a copy of the register of the title (if any) for the property(it may be that the land forms part of one of the registered titles of the properties which it adjoins):-
https://www.landregistry.gov.uk/wps/portal/Property_Search

If this does not illicit results then you should send a index map search to the Land Registry by using Form SIM (enclosing a map of the area), they will then tell you definitively if it is registered. You can also download that form from the LR website.

In the case of both applications you would have to submit form ADV1 to the Land Registry together with sworn statutory declarations regarding how long you have been using the land (from you and others who know of your use).

I would strongly advise instructing a solicitor to prepare the application for you because the current owner will have the opportunity to defend the application, so you want to make sure that the initial application is as strong as it could possibly be.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom