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MarianC
MarianC, Solicitor
Category: Law
Satisfied Customers: 716
Experience:  Expert
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I need some advice on a letter I have received regarding

Customer Question

Hi
JA: Hello. How can I help?
Customer: I need some advice on a letter I have received regarding land regisrty owner of my father and someone claiming the land
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: under section 49
JA: Where is the land located?
Customer: Donegal Ireland I have contacted property reg authority over there but its not very clear to me
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no thank you
Submitted: 11 days ago.
Category: Law
Expert:  MarianC replied 11 days ago.

Good morning

I hope you are well. I will assist with your question.

Please note this is not a chat service so replies may be intermittent but i will endeavour to respond as soon as possible.

Do you have a copy of the letter you have received and i can take a look for you?

Kind regards

Marian

Customer: replied 11 days ago.
attached - I was not aware my grandfather had this land, he passed in 2014. I am messaging this on behalf of my mother who is his next of kin
Customer: replied 11 days ago.
File attached (TP2ZV5G)
Expert:  MarianC replied 11 days ago.

Thank you.

Did your grandfather have a will that advised of the property he owned?

In order to object to an application for adverse possession, you must provide a written statement to Land Registry providing the grounds for objection. If you follow the link below, there is a form that can be used to object which should have been included with the letter your mother received.

https://www.gov.uk/government/publications/respond-to-an-adverse-possession-nap

You can request that the application be dealt with under paragraph 5 of Schedule 6 to the Land Registration Act 2002 in which case the Land Registry will reject the application unless the applicant can prove one of three grounds which are in practice extremely difficult to satisfy:

5(1)If an application under paragraph 1 is required to be dealt with under this paragraph, the applicant is only entitled to be registered as the new proprietor of the estate if any of the following conditions is met.

(2)The first condition is that—

(a)it would be unconscionable because of an equity by estoppel for the registered proprietor to seek to dispossess the applicant, and

(b)the circumstances are such that the applicant ought to be registered as the proprietor.

(3)The second condition is that the applicant is for some other reason entitled to be registered as the proprietor of the estate.

(4)The third condition is that—

(a)the land to which the application relates is adjacent to land belonging to the applicant,

(b)the exact line of the boundary between the two has not been determined under rules under section 60,

(c)for at least ten years of the period of adverse possession ending on the date of the application, the applicant (or any predecessor in title) reasonably believed that the land to which the application relates belonged to him, and

(d)the estate to which the application relates was registered more than one year prior to the date of the application.

I hope this helps?

Expert:  MarianC replied 6 days ago.

Good morning, do you require any further assistance?