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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7620
Experience:  UK solicitor holding an England and Wales practising Certificate.
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How is the qualifying period for my neighbour to acquire a

Resolved Question:

How long is the qualifying period for my neighbour to acquire a strip of my land. I have consistently stated in writing that the boundary is in the wrong place
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.

Hi,

Is your land registered at land registry?

Tom

Customer: replied 1 year ago.
Have you picked up on my email response?
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

A person can only attempt to claim land that is not theirs by claiming under what is called Adverse Possession.

If the land in question is unregistered then you must have been using it continuously for 12 years in order to claim possession of it and be registered as the registered proprietor at the Land Registry

If the land is registered then you need only have been using it continuously for 10 years in order to apply for adverse possession at the Land Registry. Notice of the application will be sent to the current registered proprietor of the land, who is obviously at liberty to object. It is therefore more difficult to claim adverse possession of land that is registered.

If you have bought or remortgaged your property in the last 20 years then it will be registered land, in which case the time length if 10 years. However, if he would have to make an application to land registry and then you would be informed. You would then defend the application on the basis that you have continuously objected to his use of the land and would probably be successful in retaining the land as your own.

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Kind regards,

Tom

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