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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10542
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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How do I go about claiming a piece of unregistered land

Customer Question

Hi. How do I go about claiming a piece of unregistered land next to my house?
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.

To enable me to answer you fully, could you confirm whether you have in any way fenced in the land/incorporated it into your garden?

I look forward to hearing from you.

Al

Customer: replied 2 years ago.

Hi Aston. No not at the moment as I thought I should do it legally

Expert:  Aston Lawyer replied 2 years ago.

Hi Dawn,

Thanks for your reply.

Under the law of adverse possession, a party can apply to the Land Registry for "possessory title" of land which they do not belong, provided that they have possessed the land, to the exclusion of the true owner, for a period of at least 12 years.

An application, setting out the facts, is submitted to the Land Registry, and if they are content that there has been "possession", their Surveyor will attend the site to verify matters.

In order to be successful, therefore, I am afraid you have to show more than the fact that you have just been "tending/maintaining the land"- normally, the Land Registry will only grant possessory title if you have incorporated the land into your own garden/or fenced in the land, preventing anyone else from physically being able to access it.

I therefore fear that you will have a long wait-12 years- before you can make an application, provided you go ahead and fence in the land now.

Sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards

Al

Customer: replied 2 years ago.

Hi Aston

Thank you for this information. Just to clarify, should I fence off the land now to make it part of my garden?

Thanks

Dawn

Expert:  Aston Lawyer replied 2 years ago.

Hi Dawn,

Yes, I would suggest that you fence in the land now and treat the land as your own.Only once you have done this, can your 12 year period of possession, begin.

(As long as you appreciate that in the unlikely event of the true owner coming forward, they could ask you to remove such fencing).

All the best.

Kind Regards

Al