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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 4997
Experience:  Solicitor
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I own a shop and a flat above and behind the building is an

Customer Question

Hi..... i own a shop and a flat above and behind the building is an "unadopted" entry ....the entry is backed onto by two other shops and a dental practice... as i have owned the shop 28 years and lived here for 15 years i want to make a claim to the entry (that by the way is a dead end ) I am the only person in these shops that actually lives here and i park in the entry and i have paid for a bit of landscaping at the top of same (the dead end ) to make it presentable.... so my question is how or even can i make a claim to the land ?? and if so how would i go about it ? thankyou Vivienne
Submitted: 1 year ago.
Category: Property Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

For now please let me know whether anyone else can access the entry or is it fenced off?

Customer: replied 1 year ago.
Well they only have access if i allow it .... if you can understand i park my car at the bottom of the entry every evening...because otherwise people can block me in....nobody argues the point because there is only me that actually lives here in the block ....
Expert:  Jamie-Law replied 1 year ago.

You want to claim the land for yourself?

Customer: replied 1 year ago.
buti have no idea how to go about it or even if i can ?
Expert:  Jamie-Law replied 1 year ago.

Well the difficulty is if other people have access to the land. You can only even start the process if you have had it fenced off excluding all others, exclusively occupied it for 10 years.

If you have not then you do not even start the process.

If you have then you make an application to the Land Registry. They will notify the owner who will have a limited time to object. If the owner objects that is the end of the matter. If the owner does not object then the land is transferred to you.

For more information please see:

https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land/practice-guide-5-adverse-possession-of-1-unregistered-and-2-registered-land-where-a-right-to-be-registered-was-acquired-before-13-october-2003

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Hmmmm its not feasible to fence off as I cannot stop their access as it is a back entry i.e. the people in their flats above their premises have to use it to get out .... however nobody OWNS the land it is just there !! I rang the council and they say they have no interest in it and that it is unadopted ....i think i.m in a no win situ here.. thanks for the information and have a good day ~!!Vivienne
Expert:  Jamie-Law replied 1 year ago.

Then sadly you can't claim it if its an entry....... I am sorry 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 else for you?

Customer: replied 1 year ago.
No thanks Jamie..you have saved me wasting brain power.. time and money on a "no go" projectThanks againVivienne
Expert:  Jamie-Law replied 1 year ago.

All the best Vivienne. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Jamie-Law and 2 other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
All done Jamie..you will get paid !! ;0)) thanks Viv
Expert:  Jamie-Law replied 1 year ago.

Thanks.