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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10740
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have lived in my freehold flat for 16 years. Part of the

Customer Question

I have lived in my freehold flat for 16 years. Part of the garden belongs to the origin owner but I have paid for its upkeep for the lays sixteen years without intervension. How can I claim this land
Submitted: 4 years ago.
Category: Law
Expert:  Aston Lawyer replied 4 years ago.


Hi there,


Thanks for your enquiry.


So that I can answer you fully, could you please let me know if the part of the garden in question is fenced in with the rest of your garden?


You mention that the original owner still legally owns the part of the garden. Does he still own one of the flats?


Is your flat in a large block or is it a masionette? You say you own the freehold- do you and the other residents own a share in the freehold?


Sorry for all the questions!


I look forward to hearing from you.



Customer: replied 4 years ago.
3.maisonette.I own the freehold
4.The flat above is leasehold
Customer: replied 4 years ago.
The original owner no longer owns either of the flats.
My flat is in a maisonette conversion and the flat above is leasehod
Expert:  Aston Lawyer replied 4 years ago.


Hi again,


Sorry for the delay in replying. There has been a problem with the site preventing me from answering you, but this appears to be fixed!


If the land has been fenced in by you and used solely by you, you are entitled to apply to the Land Registry for possessory title of the land. Under law, such a claim can be made if you have possessed the land for 10 years or more without dispute.


It will probably be best for you to instruct a local Conveyancing Solicitor to prepare the required Statement on your behalf (as he will know what sort of information will assist a successful application) and this Statement has to be in a standard format. Once the application has been lodged, a Land Registry Surveyor will visit the property to check the position, and then the Land Registry will make its decision whether to grant possessory title or not.


From what you tell me, it sounds that you have a very good case.


I hope this answers your question, and if so, I would be grateful if you could leave positive feedback.


Kind Regards


Customer: replied 4 years ago.
Thank you for your help I will now consult a local solicitor for further advice.
Expert:  Aston Lawyer replied 4 years ago.


Many thanks.


If you are happy with my Answer, I would be grateful if you could leave positive feedback, so I may get credited for my time.


Best Wishes