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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10493
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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We are looking to register land (a lane attached to our

Customer Question

We are looking to register land (a lane attached to our property which used to lead to a plot of allotments,) as adverse possession, which has been used by us and the owners of our property for 140 years. I believe it was purchased by a building company 30 years ago (although i can't find evidence of this) and the allotment was built on and closed off from the lane. The builders have gone out of business and have never exercised their right of ownership. I have used and gardened the lane as have my predecessors, my only concern with the registration is that our historical deeds show the lane as 'appurtenances' which is a way attatched to a principle property such like an easement. The possible paper owner as they would have been have not given permission for us to use the land under the adverse possession rules but historically the permission was already there! Can we still (in modern times) apply for registration under the rules of adverse possession? Our attached neighbour also has the same historical right of way, as originally our two properties and the allotments were owned by one person. The neighbour is keen for us to register the land and still enjoy their right of access.
Submitted: 10 months ago.
Category: Property Law
Expert:  Aston Lawyer replied 10 months ago.

Hi Cathie, I'm afraid that the Land Registry will never grant possessory title over land which is subject to a right of way-whether that be for the benefit of the applicant's land or a third party's land. Therefore, any application you make won't be successful. Sorry this is not the answer you were looking for, but it sets out the legal position. If I have answered your question, I would be grateful if you could rate my answer. Kind Regards Al

Expert:  Aston Lawyer replied 10 months ago.

Hi Cathie,

If I have helped, I would be grateful if you could rate my answer.

Thanks

Al

Expert:  Aston Lawyer replied 10 months ago.

Hi,

If I have assisted, I would be grateful if you could rate my answer.

Thanks

Al

Customer: replied 10 months ago.
Reading more deeply into our historical deeds it does in fact looked like we are the owners of the lane so in which case i will try and register the land as a first registration. There is not a public right of way over it and we have signs up stating this, we also intend to put a gate up .

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