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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 5378
Experience:  Solicitor
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I have a query on adverse possesion and was hoping you could

Customer Question

Hi
I have a query on adverse possesion and was hoping you could help.
Submitted: 6 months ago.
Category: Property Law
Expert:  Jamie-Law replied 6 months ago.

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

Is the land fenced off?

Customer: replied 6 months ago.
No, the land has never been fenced off.
Expert:  Jamie-Law replied 6 months ago.

Its bad news I am afraid. One of the requirements are that the land is occupied excluding all others.

As such you an not go for adverse possession. Just because you have maintained it does not give you a right.

You need to show you have exclusive access for 10 years.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Customer: replied 6 months ago.
Can I just clarify a few points.The boundary between our land and this land, is not fenced off. But where their land finishes, it has a boundary by trees.As there is no boundary between our land and the piece of land next to ours, it looks as if it is part of our land.In regards ***** ***** access, we have had exclusive access and use of the land since 2002.How would we need to show that this has been the case?We have been using the land and can prove that we have had a container on the land in question since 2008.
Expert:  Jamie-Law replied 6 months ago.

You need to exclude all others. So fenced off or as such other people cant get it.

If you can show this then you may be able to steal it off the taxypayers for free.

You should read the Practice Guide about making an application for free here:

https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land

You make an application and the Land Registry will notify the owner.

If they dont object then you get the land. If they object then your claim fails.

Can I clarify anything for you?

Customer: replied 6 months ago.
As it is a large area, it would not be feasible to fence off. What are the other options we have?
Expert:  Jamie-Law replied 6 months ago.

There are no other options for possession. The law changed some years ago.

You have to have exclusive access, excluding all others. That is a fundamental part of the test.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Expert:  Jamie-Law replied 6 months ago.

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