How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask wingrovebuyer Your Own Question
wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
22732369
Type Your Property Law Question Here...
wingrovebuyer is online now

I have applied possession of land next to my own which I have had fenced with

Resolved Question:

I have applied for adverse possession of land next to my own which I have had fenced with a lockable gate for 21 years.
A new paper owner has shown me the ordinance survey map of his land and it covers my gate entrance to the adverse possession land I am trying to claim. Will
the Land Registry favour the paper owner as he owns the land in front of my gate and could block me from entering my back garden?
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.
Hello. Is the paper owner's title registered at Land Registry? WB
Customer: replied 2 years ago.

Yes. The new paper owner bought the land 10 months ago on 16 Sept.2014 Title Number TT28725

Expert:  wingrovebuyer replied 2 years ago.

Thanks - was this only registered for the first time by this buyer? WB

Customer: replied 2 years ago.

yes.

Customer: replied 2 years ago.

Yes, but there was a paper owner before him.

Expert:  wingrovebuyer replied 2 years ago.
Hello. I think your adverse possession claim sounds solid - you had over 12 years' possession via a locked gate whilst the land was unregistered. In terms of the land in front of your gate, you can also claim an easement by prescription for the adversely possessed land, as you have used that entrance for 21 years. You could amend your application to include claiming a right of access and egress over the paper owner's strip of land, by prescription. You may need to submit an additional Statutory Declaration unless your original one covers access. Land Registry can provide detailed advice on amending your application. Best, WB.
wingrovebuyer and other Property Law Specialists are ready to help you
Expert:  wingrovebuyer replied 2 years ago.
Hello. Please leave a rating for my answer, or JA won't pay me for assisting you. Best, WB