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Ask wingrovebuyer Your Own Question
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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Hi ten years ago I bought a house which backed onto an overgrown

Customer Question

Hi ten years ago I bought a house which backed onto an overgrown disused field that had been untouched and neglected for over 20 years. I paid to erect a boundary fence which I have maintained. Over the years we, along with the neighbours have encroached a few feet into the disused field by moving our fence back and have utilised and tended to the extraground as our garden. The field is now up for sale as it would appear to have been inherited by new owners. Wevhave today received a solicitors letter requiring us to replace the fence back on the boundary, I realise we have only used the ground for 10 years but we have cted in good faith and incured expense. Do we have any argument in the circumstances? Many thanks.
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer : Hello. Do you know if the land is registered at Land Registry?
JACUSTOMER-wzpwdvsz- : I have been in touch with land registry they have recently received an application to register it. I have been erase arching adverse possession of land. Both my neighbours who have also encroached have been utilising the land for 20 yeas and have lived in their properties for 28 years. I await your reply many thanks.
wingrovebuyer :

Ok, thanks. You should tell Land Registry that you object to the registration on the grounds that you are in adverse possession of part of it. If it has enclosed by you and used as part of your garden for more than 12 years, without the landowner's permission your claim is very strong.

JACUSTOMER-wzpwdvsz- : Hello thank you for your response, the problem I have is that I have only owned the house for 10 years. The property is I the process of being registered - an application has been received. Once the land is registered does my 10 year occupancy become the relevant date? Thanks.
wingrovebuyer :

Hello. With unregistered land, the period for adverse possession remains 12 years. With registered land, it's 10 years, even if it was unregistered when your possession started. with that in mind, it might actually be unwise to object to the registration. if the registration goes through, you could then apply to claim the land you occupy on the grounds of adverse possession for ten years. However, you might have an argument if the owner objects.