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Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10549
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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12.years.ago.we.moved.our.fence.back.this.was.because.ther

Customer Question

12.years.ago.we.moved.our.fence.back.this.was.because.there.was.a.walkway.at,the.bottom.of.our.garden.the.kids.used.the.land.to.get.together.to.drink.do.durgs.play.music.also.look.into.our.as.no.one.mantained.the.land.so.a.few.of.us.moved.our.fences.can.i.now.claim.this.land.
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Could you give me a little more information as to what you want to know, please?

Are you wishing to claim this land? If so, do you know who owns it and as this land now form part of your garden and has been this way for 12 years?

I look forward to hearing from you.

Al

Customer: replied 2 years ago.
Yes I want to claim the it was cheviot housing who built the houses but they thought sunderland council had taken over the land but they have not so at the moment no one knows before that it was coal board land
Expert:  Aston Lawyer replied 2 years ago.

Hi Steven,

Thanks for your reply.

Well, provided you have possessed the land for 12 years (if the land is registered at the Land Registry) or 10 years (if the land is not registered), you have acquired the right to apply to the Land Registry for "possessory title" provided your possession of the land has not been without dispute or with the consent of the legal owner of the land.

In order to be successful, you will have to show you have been in possession of the land to the detriment of the legal owner ie you have had physical enjoyment of the land. If the land has been fenced in by you and has been forming part of your garden for 12 years, you will have satisfied this requirement.

I would therefore suggest that you instruct a local Conveyancing Solicitor to assist you in preparing and submitting the required Land Registry application.

I hope this assists and sets out the legal position.

If I have helped, I would be grateful if you could rate my answer.

Kind Regards

Al

Expert:  Aston Lawyer replied 2 years ago.

Hi Steven,

Can I assist you any further?

Kind Regards

Al