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Clare, Solicitor
Category: Property Law
Satisfied Customers: 33035
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I am buying a property with a price of land in the side

Customer Question

I am buying a property with a price of land in the side owned by the council, the seller has parked his car on the piece of land for more than 12 years, but has no evidence. No one has made a claim on this land or upkept it in this time. Can the current owner claim adverse possession on the land and then transfer this claim to me the purchaser of
the property ?
Submitted: 4 months ago.
Category: Property Law
Expert:  propertylawyer replied 4 months ago.

Hi Barry

Thanks for your question.

There are two elements to a claim for adverse possession, regardless of whether the claim is in respect of registered or unregistered land.

To claim title by adverse possession, the seller needs to prove the following:

Uninterrupted factual possession of the land for the requisite period (10 years if registered or 12 if unregistered).

Intention on the part of the seller to possess the land during that period of possession.

There must be a sufficient degree of exclusive physical control over the land. What is sufficient will depend on the circumstances and, in particular, the nature of the land and the manner in which land of that nature is commonly used. Broadly, the person in possession must have been dealing with the land as an occupying owner might have been expected to deal with it, and no one else must have done so.

The question is whether parking is sufficient to establish exclusive physical control.

Then there must be an intention to possess in the seller's own name, on its own behalf and to the exclusion of all others (including the council with the paper title).

An intention to possess to the exclusion of all others is not the same as an intention to own or acquire ownership. The only question is whether the seller has been in possession of the land in the ordinary sense of the word for the requisite period of time without the consent of the owner. If the seller can establish this then potentially can claim adverse possession of the land.

There is a potential claim. Each case turns on its own facts. On the face of it there is a potential claim but this can only be established by thorough examination of the facts. If the seller can establish adverse possession and successfully acquires the land then the seller can transfer title to you.

If hope this helps.

Please accept / rate my reply.

Do come back to me if you have any queries.

Kind regards


Customer: replied 4 months ago.
Thank you for your response, once adverse possession claim is submitted by the seller, can I the purchaser on completion of purchase of adjoining land inherit this adverse possession claim
Expert:  propertylawyer replied 4 months ago.


Yes, if the seller is successful in claiming possession of the land then the seller can transfer it to you.

Customer: replied 4 months ago.
Prior to the successful claim, can he transfer the application ?
Customer: replied 4 months ago.
As he is not prepared to see the claim through and just wants to offload
Expert:  propertylawyer replied 4 months ago.

no. the seller would have to claim it as it is his possession which potentially could lead to a claim.

Expert:  Clare replied 4 months ago.

My name is ***** ***** I have been a High street solicitor for more than 30 years

Simply parking on Council owned land can never amount to Adverse possession

In any event once an applictaion is made to the Land Registry to try and Register the issue then the Council will be notified and will reclaim their land

If you buy the property then do so on the basis that the land will never be yours unless the council sells it to you - but it will always be a useful place to park your car

Please ask if you need further details

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