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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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I have applied possession of land next to my own which I have had fenced with

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I have applied for adverse possession of land next to my own which I have had fenced with a lockable gate for 21 years.
A new paper owner has shown me the ordinance survey map of his land and it covers my gate entrance to the adverse possession land I am trying to claim. Will
the Land Registry favour the paper owner as he owns the land in front of my gate and could block me from entering my back garden?
Hello. Is the paper owner's title registered at Land Registry? WB
Customer: replied 2 years ago.

Yes. The new paper owner bought the land 10 months ago on 16 Sept.2014 Title Number TT28725

Thanks - was this only registered for the first time by this buyer? WB

Customer: replied 2 years ago.


Customer: replied 2 years ago.

Yes, but there was a paper owner before him.

Hello. I think your adverse possession claim sounds solid - you had over 12 years' possession via a locked gate whilst the land was unregistered. In terms of the land in front of your gate, you can also claim an easement by prescription for the adversely possessed land, as you have used that entrance for 21 years. You could amend your application to include claiming a right of access and egress over the paper owner's strip of land, by prescription. You may need to submit an additional Statutory Declaration unless your original one covers access. Land Registry can provide detailed advice on amending your application. Best, WB.
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Hello. Please leave a rating for my answer, or JA won't pay me for assisting you. Best, WB