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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have lived in our property years and have enjoyed

Resolved Question:

I have lived in our property for 14 years and have enjoyed by licence, from the owner the land the use of a small piece of land to the side that we use as a garden. We have now received a letter from a firm of solicitors telling us that we are trespassing and to vacate the land in 31 days. As we have fenced and kept the land neat and tidy for more than 12 years are we not entitled to claim the land as our own.
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Did you ever make an application to the Land Registry for adverse possession?
Customer: replied 1 year ago.
No I have never claimed anything
Expert:  Ash replied 1 year ago.
Its bad news I am afraid. You need to do more than occupy and fence it off. In order to claim land you must make an application at the Land Registry. They will then notify the owner who has a time to object for adverse possession. If they dont object the land is transferred to you. If they do object your application fails.
I assume if you apply now they would object. As such at present the Land Registry has not transferred the land to you and you can be asked to not use it.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
No thank you. I always thought you couldn't apply until it had been fenced off for 12 years. Thanks for your advice.
Expert:  Ash replied 1 year ago.
The law changed, its 10 years now.
I am sorry.
Alex
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