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chatham-chamber
chatham-chamber, Solicitor
Category: Property Law
Satisfied Customers: 11847
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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On buying my old mews home, I discovered a large and vacant

Customer Question

On buying my old mews home, I discovered a large and vacant basement space that extends under my off street parking space and partially underneath the rear of a shop that us connected to my home. The only access point to this basement is via a surface hole that is on property set out in my deeds (by my parking space). The basement is not included in the deeds to my property, nor in those of the neighbouring properties, including the shop. The freeholder to my property owns the shops too and is unaware of the existence of the basement space. Can I claim legal ownership to this space and get it added to my leasehold deeds?
Submitted: 1 year ago.
Category: Property Law
Expert:  chatham-chamber replied 1 year ago.

Hi,

How long have you owned your property?

Have you used the basement area?

Customer: replied 1 year ago.
I bought the property in September 2013. At the point of purchase the basement area was sealed i.e. there was no access possible. Immediately prior to the purchase there was an open access point. At the time, I asked my solicitor about responsibility for its repair, assuming that it belonged to an adjacent property. It was promptly filled in by the vendor.I became worried about damp and any associated structural implications, since the ceiling of the basement supports my car, so I opened the hole up again. I have not been actively using the basement, but have retained the only access point.
Expert:  chatham-chamber replied 1 year ago.

Hi,

You may have a claim under adverse possession, however you would need to show that you have used and maintained for a period of 10 to 12 years.

Therefore, in short, no you cannot register it under your title at this stage.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

kind regards