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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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there is a small piece land which is part of my garden. About

Customer Question

there is a small piece land which is part of my garden. About 15 by 20 feet for which I used to pay ground rent. In 1974 I went to my to local town hall and asked to pay for the piece of land and not pay anymore ground rent. They charged me about seventeen pounds and seventeen shillings approximately. They sent me some deeds saying that I now own the piece of property. And they stopped sending me a bill each year for ground rent. Now I want to give my children half the house and my local council are saying that they cannot find any documents showing that I own that piece of garden. The deeds do not show any drawings ie. map to show that piece of land but I didn't query it at the time, just accepted it. Its really worrying me , getting really stressed out. being that I have looked after the garden for over 44years should it not be automatically mine anyway? Please help.
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
My name is Jo and I will try to help you with this.

Do you still have the original deeds they sent you ?
Customer: replied 4 years ago.

I do have them but they are at my daughters and cannot get them until tomorrow afternoon. Is there a chance that we could continue this when I get them .

Expert:  Jo C. replied 4 years ago.
Yes please. In fact, it is essential because until I know what you have, I cannot tell you the way forward.

We will pick this up again tomorrow.

Incidentally, leaving aside whether you purchased the property or not, because you occupy the land with the councils consent, it does not matter whether you occupied it for 4 years or 44 years and looked after it etc, you never gain any rights over it. You have to have occupied it without consent for over 10 years if registered or 12 years if unregistered before you gain any rights by adverse possession.

Hopefully the situation for you is different and I can tell you once you have the deeds to hand

Customer: replied 4 years ago.

How do I get back to you tomorrow afternoon. Please

Expert:  Jo C. replied 4 years ago.
The question won't close from your side.

You will be able to come back.