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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have been in adverse possession of a piece of land for the

Resolved Question:

I have been in adverse possession of a piece of land for the last 18 years. The council has a 999 year unregistered lease on the land but have not maintained the land for 30 years and have had no access for the last 18. I have the only access. The the council approached me in August of last year requesting I leave the land. The freeholders have now been informed of the position and have asked my permission to access the land for inspection.
What is my legal position?
Regards,
Chris
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Do you have any agreement whatsoever for the land please?

Customer:

Hi Alex,

Customer:

we do not have any agreement for this land

Customer:

Hello?

Alex Watts :

It shows I am on and offline when I change screens.

Alex Watts :

Its bad news then I am sorry to say

Alex Watts :

If you have no legal right to be on the land then you can be asked to leave.

Alex Watts :

Even though you are in possession.

Customer:

even after 18 years?

Alex Watts :

Further in order to claim adverse possession you must write to the Land Registry and get the land registered in your name

Alex Watts :

Yes

Alex Watts :

It takes 10 years to be in possession then you need to apply to the Land Registry for registration

Alex Watts :

They notify the owner and the owner can object. If the owner does the application fails.

Alex Watts :

But you have not done that and the Council has given you notice to leave.

Alex Watts :

If you fail to leave they can simply apply to the Court and get you to leave and pay those Court cost

Alex Watts :

You have no right to stay on the land as you have no agreement and you have not applied for adverse possession

Customer:

the land registry said that because it is an unregistered lease they can not give adverse possession.

Alex Watts :

Therefore it makes no difference whether you have been there 10 years or 100 years.

Alex Watts :

Even so -you have no right to be there

Alex Watts :

You have no agreement.

Alex Watts :

The person that has benefit of the land has asked you to leave.

Alex Watts :

You have no right to remain

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

even if they have no access and the only access is through our land

Alex Watts :

Yes. Its their land

Alex Watts :

They have benefit of it

Alex Watts :

I am sorry

Customer:

it's ok, just trying to figure out where we stand

Alex Watts :

Yes. Does this answer your question today?

Customer:

will they have a right through our land to gain access?

Alex Watts :

Unless there is anything in your deeds that says otherwise you don' have to allow right of access.

Customer:

ok, thank you

Alex Watts :

Does this answer the question today?

Customer:

yes

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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