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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Alex I am the freehold owner (Ltd Company owned) of a garage premises. Adjoining our p

Customer Question

Hi Alex
I am the freehold owner (Ltd Company owned) of a garage premises. Adjoining our property is a garden of a house the end of which we were given by the owner in 1989 and we fenced and surfaced the area and has been like that ever since. However a former director who dealt with this has long left the company and he failed to register the land and still shows on the title deeds of the house. We have recently agreed a sale of our premises. I think it fairly certain we would be able to change ownership of this land under 'adverse possession' laws especially as falls before the new act in 2002/3. the question is would the new owners of our premises be able to continue the adverse possession claim even though they would be new proprietors of our land or would claim fail as THEY haven't been in possession for the period?
Need urgent clarification
***** *****
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
Any adverse possession claim relates to the land in question, as opposed to the person making the application, so any periods of adverse possession can be passed on to any new owner, provided the first owner makes a declaration confirming how many years they have possessed the land.
In your situation, you have 3 options-
1. Approach the owner of the property and ask him to complete the Transfer to you, as should have happened in 1989. This would be the best option, provided the same person owns the property and he is willing to do so.
2. As you have possessed the land for over 12 years, you can make an application for adverse possession and get the land registered. This would likely delay the Sale as it will take a good 12 weeks to complete.
3. You swear a declaration confirming the possession of the land, and this can be passed to your Buyer, who can then make an application for adverse possession at their leisure. This option would not be viable if your Buyer requires a Mortgage, as his Solicitor will have to disclose to the Lender that there is currently no title to the land, and this may affect the Lender's willingness to lend.
If I were you, and the owner of the proeprty is the same, I would approach him, offer to pay his Solicitors costs (approx £500 plus VAT) to enable the Transfer to be completed formally.
If this is not possible, your Solicitor will need to liaise with your Buyers Solicitor as to which other option the latter requires.
I hope this assists and sets out the legal position.
Kind Regards
Al
Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks very much very helpful
The of the land in question died some while and the property could have changed hands more than once since then
Would this affect anything?
Steve
Expert:  Aston Lawyer replied 1 year ago.
Hi Steve,
Sorry for delay- the fact the owner died some years ago doesn't affect your right to apply for adverse possession at all.
Good luck!
Kind Regards
AL
Customer: replied 1 year ago.
Many thanks for your help in this
Expert:  Aston Lawyer replied 1 year ago.
No worries- many thanks for your positive feedback.
Kind Regards
Al