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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 12242
Experience:  Dual qualified Solicitor and Attorney
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I have a garage on some land I have used this garage for

Customer Question

Hello i have a garage on some land I have used this garage for over 20 years my granda used before me so been in family some time but know one has ever tryed getting the garage & land in are name
JA: Where are you? It matters because laws vary by location.
Customer: Workington Cumbria England
JA: What steps have you taken so far?
Customer: Nothing just search what to do
JA: The Lawyer will be able to walk you through that. Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The reason why I have contacted yous is because someone has come to claim the land in front of my garage so I can gain access
Submitted: 16 days ago.
Category: Law
Expert:  Jeremy Aldermartin replied 16 days ago.

In essence to claim the land you will need to show that you have been in possession for at least the last 10 years. Possession here needs to be demonstrated by some intention to show ownership of the land such as tending to the land or fencing. You must demonstrate an intention to own, which again could be covered by the previous point. It must be without the owners consent which is self explanatory. You must make the application on form ADV1 accompanied by a statement of truth or statutory declaration which has a number of requirements so I would recommend you hire a land law solicitor to assist with this, the form can be found here: https://www.gov.uk/government/publications/adverse-possession-registration-adv1. You must list all the documents accompanying the application on form ADV1 and pay the appropriate fee under the Fee Order. If you do not complete the form correctly, the form ADV1 may be returned to you. The statements of truth or statutory declarations should be factual and, ideally, the person making the statement or declaration will use their own words rather than language copied from precedent books. The person should expressly state how the facts are known to them, if this is not implicit in the statement or declaration. Once completed the form and accompanying documents will need to be sent to HM Land Registry to inspect and make a determination.

I trust this assists

Customer: replied 16 days ago.
I have a 20ft brick garage built on the land is that not demonstrated anuff
Expert:  Jeremy Aldermartin replied 16 days ago.

Yes that would be enough but you still need to actually make the application to get it registered as above. I trust this assists