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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23034
Experience:  Senior Partner at Berkson Wallace
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Adverse possession of a garage, no, across the street from

Customer Question

adverse possession of a garage
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: no
JA: Where is the property located?
Customer: across the street from my house
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The previous tenant of my house (that I own) built the garage and I have had possession for 28 years.
Submitted: 9 days ago.
Category: Law
Customer: replied 9 days ago.
My address is 14 Campion Terrace NW2 6QN
Expert:  Virtual-mod replied 9 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 9 days ago.
I can wait.
Expert:  Stuart J replied 9 days ago.

I have been asked to look at this for you.

If someone has used a piece of land without consent and without objection and not in secret for more than 10 years if the land is registered at the Land Registry (12 years if unregistered) they are entitled to have the land registered as their own under the doctrine of Adverse Possession.

Any known owner would be contacted by the Land Registry and an application is made by the possessor and they would be allowed to dispute the application.

Any disputed application is passed onto the Land Tribunal who will decide the issue based upon the evidence.

The has to be an intention to possess the land and it has to be occupied to the exclusion of others which means that fencing is off or possessing it and excluding others in some way is almost essential.

Whilst someone claiming adverse possession will very often have occupied the land for far in excess of the requisite period, it’s very often the case that they have no proof of when they first started to occupy and use the land.

If it was not occupied to the exclusion of others but merely used for a period, then the person using it cannot claim adverse possession but may be able to claim an easement if they can prove 20 years use without consent or objection is not in secret. That application for an easement (such as a right-of-way) would be made under the Prescription Act.

It’s also worth noting that if someone has an easement already over a piece of land, and they fence it off and exclude others, and do so in excess of the requisite period, they cannot claim adverse possession because their possession cannot be adverse if the access was originally by consent as a result of an existing easement.

You apply on land registry form ADV along with form ST.

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Kind regards