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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Need help filling out adverse possession form empty

Resolved Question:

Need help filling out adverse possession form for an empty property next door to my rental property. Can you help?
Submitted: 1 year ago.
Category: Property Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask what your grounds would be for claiming the property please? Have you occupied it for more than 10 years?Do you know if the property is registered at HM Land Registry?
Customer: replied 1 year ago.

Hi Joshua,

Thanks for getting back so quickly.

I purchased my rental property in 2006 and noticed that the next door house was empty and boarded up. We had infestation problems in our rental property due to infestation in the empty property. After repeatedly complaining to council over the phone (records not kept) I noticed the back door was open when I decided to clear the garden. As I did not want squatters to invade the property I decided to chance the locks at the back entrance to protect the property as well as my own.

I have been taking care of the property since 2007 in terms of tidying and upkeeping to avoid any infestation. I have occupied the property for 8 years.

The property is registered at HM Land Registry under the name of Nathan Seng. I have attached the paperwork.

I understand that I need to fill out an adverse possession form if I wish to make a claim on the property and I need help filling this in as I'm unaware of the legal jargon.

Please can you advise me on how to proceed, I really want this property and I am guessing the current owner is either given up on the property.

Look forward to hearing from you,

Kind Regards

Mr S Ali

Expert:  Joshua replied 1 year ago.
Thanks. You would need to show that you have occupied the property for more than 10 years and treated it as your own excluding all others in order to make a claim on it. In addition as a result of new rules the Land Registry will contact the owner and all he has to do is object to your application in order for it to be rejected. Furthermore it is now a criminal offence to squat (occupy anothers property without consent) so the owner if he does object could also seek to prosecute. Accordingly it is now a vey hostile environment for adverse possession and very difficult to achieve.In light of the above would you still wish to proceed? If so I am happy to give you guidance but it must be with the above health warning.
Customer: replied 1 year ago.

Attachment: 2015-04-22_133020_53_ashford_road.pdf

Hi Joshua,

Does the Land Registry contact the registered property? if so the letter will go to the empty property and the owner would not even know it had arrived because the post is always overflowing and the bin men eventually clear the garden of the post.

I can have been maintaining the property since 2005 as I did some handy work for the previous owner of my property and they asked me to clear rubbish on the back and front as well as putting and repairing fencing on the property.

I have attached the land registry details for your perusal.

Please can you let me know if I can still proceed.

Thanks

Shobir

Expert:  Joshua replied 1 year ago.
The Land Registry will contact the owner at the registered address for service. This appears to be the property address so you are correct that the notice will go to the property.You will need to be able to show 10 years of possession in order to apply to be registered as the proprietor of the property so from the above you have a year or two further to go before you can make the application.Subject to this, you will need to prepare a statutory declaration to accompany your application that sets out the necessary requirements in order to satisfy the test laid down in the Land Registration Act. Normally you would ask a solicitor to prepare this for you because the requirements are extensive and a little technical. A solicitor would typically charge approximately £400-500 + VAT to make the application for you. The satutory declaration must be sworn in front of a solicitor who did not prepare it. Ideally you would also have some evidence to show when you took up occupation of the property though it is not absolutely necessary though can be useful if your application is challenged. I would be very happy to prepare the statutory declaration and application for you is you wish. This will take approximately 45 mins and I would suggest a fee of £90 would cover this time. Alternatively if you just wish to ask some specific questions about the application form I am happy to answer them.
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for the response Joshua,

I have actually looked after the property since 2005 and entered into the property from the backdoor to clear the infestation problems. I have regularly visited the property since 2005 to clear the clutter.

I only changed the locks after 2007 after I purchased the property next door.From my calculations it has been 10 years so I would like to make a claim on the property via adverse possession, is this possible?

Also I would like you to fill out the following for me.

Adverse Possession Form from Land Registry

2. Statutory Declaration
3. Factual Possession Declaration
4. The intension to Possess Form

Any other documents needed as per

https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land#adverse-possession-the-essentials

How much would you charge for all this?

Thanks

Shobir

Expert:  Joshua replied 1 year ago.
Thanks very much for your reply. If you would like me to prepare the entire application for you, I would estimate this would take just over an hour so would suggest a fee of £120 if that is acceptable. If you would like to proceed we can transfer to email so that you can give me all the information I need to prepare the documentation.
Customer: replied 1 year ago.

Thanks Joshua,

My email address is *****@******.***

Once you prepare these documents for me do I just send it to the Land Registry or do I need to do anything else?

Thanks

Shobir

Expert:  Joshua replied 1 year ago.
Once the application is ready you will have to swear the statutory declaration that goes with it and the it is sent to the Land Registry. I will create something called an "Additional Services Offer". This allows us to exchange email contact information and then I will ask you for the information I need to prepare the application. Please be aware that although I am based in England, this site is US owned so I have to denominate in US dollars. Therefore the figure that appears on your screen may not be exactly £120 depedent on currency fluctuations.
Customer: replied 1 year ago.

Thanks Joshua,

How do I swear the statutory declaration? I'm not familiar.

Thanks

Shobir

Expert:  Joshua replied 1 year ago.
No problem. I will give detailed instructions by email. My email should be visible. If you could drop me a line we can continue there.
Customer: replied 1 year ago.

Hi Joshua,

I have provided all the information via your contact info email. I require clarification on the first question and I need help with the statutory declaration.

Thanks

Shobir

Expert:  Joshua replied 1 year ago.
Thank you Shobir. I have received your email. I am working through emails as we speak so will be responding to you shortly. Regards
Customer: replied 1 year ago.

Thanks Joshua,

Please take your time as I want this Adverse Possession Form to be sound and complete to maximise my chances of success.

Look forward to hearing from you

Take Care

Shobir

Expert:  Joshua replied 1 year ago.
Will do. Shall be in touch later today

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