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Buachaill
Buachaill, Barrister
Category: Property Law
Satisfied Customers: 10721
Experience:  Barrister 17 years experience
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I have a plot of land which is registered with HM Land

Customer Question

I have a plot of land which is registered with HM Land registry in a rural area of Buckingham shire where an application has been made for adverse possession of the plots surrounding my land.
How can I check what rights of access I currently have to my land & can I object to the adverse possession of the surrounding plots on the basis that they will stop all access to my land?
Submitted: 20 days ago.
Category: Property Law
Expert:  Buachaill replied 20 days ago.

1. To check the rights of access to your land, you essentially need to carry out a search of the Land Registry folio. Marked on your Folio will be the benefits of any right of way you might have. This will run over neighbouring land. Be aware that if you always have had access to your land, it will continue even if the adverse possession claim is successful as squatters get no better rights than the person who owned the land had.

Expert:  Buachaill replied 20 days ago.

2. So, if you believe that someone getting adverse possession will be able to stop your existing access rights, this is not correct. You will continue to have your existing rights of access. Someone getting adverse possession will not suddenly prevent access to your land.

Expert:  Buachaill replied 20 days ago.

3. I would also suggest you get a solicitor to help you with this matter. They will be able to get a copy of the Land Folio from the Land Registry for you. Additionally, if you want to object to the application for adverse possession, the solicitor will help you with legal grounds, such as whether the squatter has had the exclusive possession which would entitle them to adverse possession. Alternatively, if your land is unregistered land, the solicitor will be able to ascertain which deed in the Registry of Deeds gives you access rights, as unregistered titles can be complicated. Be aware that nowadays, it is only possible to get adverse possession to unregistered land. So, if your neighbouring land is registered land, the squatter will not get title.

Expert:  Buachaill replied 20 days ago.

4. Please Rate or Accept the answer as unless you do so your Expert will not receive payment from the website for answering your question.

Customer: replied 20 days ago.
That's great, thanks
Expert:  Buachaill replied 20 days ago.

5. Do you require any further clarification?

Expert:  Buachaill replied 20 days ago.

6. If not, please Rate or Accept the answer.