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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 5445
Experience:  Dual qualified Solicitor and Attorney
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I need to chat with a uk property lawyer, UK, what do you

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i need to chat with a uk property lawyer
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: UK
JA: What steps have you taken so far?
Customer: what do you mean
JA: What confuses you?
Customer: i am not confused I just need to talk to a property lawyer
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello,

What would you like to ask please?

Customer: replied 5 months ago.
Hi, I thought you received my message
are you online now
Customer: replied 5 months ago.
I would like to understand what happens now that our neighbour has sent the Land Registry a counter notice to our adverse possession application.
Customer: replied 5 months ago.
I was told the lawyer would look at our application then what?
Customer: replied 5 months ago.
OK... i'm waiting..
Hi thank you for your message, The Land Registry’s adverse possession regime is based on principles of neutrality and fairness to both parties. On receipt of an application, the Land Registry will notify the paper owner of the land – typically by providing a copy of the application and supporting statement of truth. Enclosed with the notice will be a Form NAP by which the paper owner is invited to:
- consent to the registration
- require the Registrar to deal with the application under paragraph 5 of Schedule 6 to the Land Registration Act 2002 (commonly referred to as serving a ‘counter notice’); or
- object to the application on another ground (to be specified by the paper owner).
In this case they have responded with a counter notice.
if the paper owner requires the application to be dealt with under paragraph 5 of Schedule 6, the application will be rejected without further ado, unless the applicant namely you are able to rely on one of the three conditions in paragraph 5 (and stated as such on his application form). The conditions are:
- It would be unconscionable because of an equity by estoppel for the paper owner to seek to dispossess the applicant and the circumstances are such that the applicant ought to be registered as the proprietor. This is a difficult test to satisfy.
- The applicant is for some other reason entitled to be registered as the proprietor. Again, although this may appear to be a promising catch-all provision, the term ‘entitled’ has been interpreted rigidly. Examples of where this condition might apply are where the applicant is entitled to the land under the will or intestacy of the deceased proprietor, or where the applicant contracted to buy the land and paid the purchase price, but the legal estate was never transferred to them.
- The applicant has been in adverse possession of land adjacent to their own for at least 10 years under the mistaken but reasonable belief that they are the owner of it. An example of where this condition might apply is where the dividing walls or fences on an estate were erected in the wrong place. If the applicant has not stated in their Form ADV1 that they are relying on one of the three conditions in paragraph 5, then their application will be rejected by the Land Registry on receipt of the counter notice from the paper owner. Even if the applicant does rely on one of the conditions in its application, the road ahead is by no means smooth. The Land Registry may still reject the application if it is not persuaded by the statement of truth that the condition applies. If the Land Registry is convinced that the condition does apply, it will give the paper owner a further opportunity to object (essentially by disputing that the condition has been met). The matter will then be referred to the Land Registry’s dispute resolution regime.
If an application is rejected as a result of a counter notice being given and none of the three conditions being met, the applicant will need to wait a further two years before resubmitting their application. During this time, the paper owner may evict the applicant. Only after that two-year period can the applicant reapply to the Land Registry, presuming he has been in adverse possession of the land throughout. The applicant will at that point be registered as the owner, provided the paper owner has taken no action to recover possession in the intervening period.
Accordingly, the paper owner has two years from the rejection of the application in which to take steps either to evict the applicant or to legitimise their occupation. Presumably any paper owner who responded to the application by serving a counter-notice will be minded to protect their interest in this way.
So to summarise your application will be rejected unless you meet one of the three restrictive criteria set out above. If you don’t or if the land registry is not convinced you do then your application is rejected. The owner has two years then to evict you from their land.
If they fail to do so and you remain in occupation you can then apply for registration vis adverse possession in 2 years and thumis time the counter notice procedure does not apply.
I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Customer: replied 5 months ago.
Thank you. It seems so unfair having had to wait so long, the owner issued a counter notice at the last minute just to be nasty. In our case she claims part of our garden in our side of the fence is hers from her title plan. But when we bought there was just a fence dividing our gardens. We have bought our house here over 12 years ago without previous objections. We put this point across as part of the 3 conditions we wanted to use in case they objected.Realistically how much chance have we got to win this?You say they have another chance to object that seems so unfair !! The land registry didn’t phrase it entirely that way, they said they might not accept Further objection if they feel it is groundless and we meet one condition at least. Is that right ?
Hi thank you for your message, so the counter notice in essence dismisses your claim at this stage unless you have shown that you fall into one of the three exceptions. In this case you do fall into one of those criteria namely: The applicant has been in adverse possession of land adjacent to their own for at least 10 years under the mistaken but reasonable belief that they are the owner of it. Therefore if the land registry considers that you do then the counter notice will be dismissed and you will be registered as the owner.
I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Customer: replied 5 months ago.
Thank you. One last question, we raised all 3 conditions, if the first 2 aren't met, will we lose?i.e On Condition 1 " We only ever refered to the OS survey plans which showed a clear separation between our gardens, the owner never said 'this is my land' until last yearOn condition 2, you mention "e.g where the applicant contracted to buy the land and paid the purchase price" we said that we bought the property in the belief that what we bought was all ours, including that piece of land in our garden! Does that satisfy the condition?
No you only need one of the exceptions to be met for you to win. In this case the condition you have met and described above is you thought the land was yours and have done so for 10 years. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 5445
Experience: Dual qualified Solicitor and Attorney
Jeremy Aldermartin and other Property Law Specialists are ready to help you
Customer: replied 5 months ago.
Thanks again ! will rate now!