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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 808
Experience:  Experienced solicitor
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26 years ago father had permission to extend garden taking

Customer Question

26 years ago father had permission to extend garden taking over council land. He was given permission for 2 metres.
Their neighbour didn't want the additional metre.
Dad therefore took the extension on the further metre, taking the extension to 3 metres.
26 years later, new people have brought the house next door and say they want "their" metre. (For your notes, the ground never belonged to anyone was council property).
Where does my mum stand. Will she have to reduce her garden by the extra metre, or will she be allowed to keep it how it is.
Submitted: 3 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 3 years ago.
LondonlawyerJ :

Hello, I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Your parents have been occupying and using land for over 26 years as if it was their own without any permission being given or rent paid or any issues being raised by anyone about that occupation of the land? There are now new neighbours who who to claim this land which is a 1 meter strip at the bottom of your mother's garden.

LondonlawyerJ :

If your mother and or father were possession of the land for at least 12 years before 13 October 2003, then they will probably have acquired a right to the land through adverse possession (ie squatter's rights). On the dates you have given this seems to be the case. To get this properly recognised an application will need to be made to the HMLR under the transitional provisions and possibly the new regime as a fall back ( see this HMLR practice guide https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land).

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