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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 5828
Experience:  Dual qualified Solicitor and Attorney
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I've contacted the land registry about the path along the

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I've contacted the land registry about the path along the back of out terrace but they cannot trace ownership. As I am the only one who has used if and the only one who maintains it, can I claim adverse possession?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I haven't taken any steps so far.
JA: Where is the land located?
Customer: in Hampshire.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: yes. Do I have to pay for any advice given?
Hi thank you for your message, how long have you used the path? Has this been used exclusively by you and have you asserted some kind of quasi-ownership or exclusive use such as fencing off?
Customer: replied 6 months ago.
I haven’t fenced it off as it acts as the rear access to my house and we take our bins out to the street via the path. There are eight houses shown on the deeds who have access but we are the only house that use it. I couldn’t say for certain when anyone else used it last, but I haven’t seen anyone use it for a long time and I am the only one who maintains it. I’m not looking to deny anyone the use of the path, but there are leylandii trees growing on the path that are beginning to make it difficult to get past with a wheel barrow and I want to remove them. The Council says, as it is not on their land it’s not their problem.
Hi thank you for your message, I understand the difficulty would be for adverse possession you have to show exclusive use and so if other houses use it then it is not exclusive. You also have to show that you are acting as an owner such as fencing off or otherwise preventing access by others if you cannot meet the standard then you would not be able to get adverse possession. That said, if the issue is the Leylandii and the owner of the path cannot be established you could cut back or remove the trees. It is possible the owner of the path could then bring an action against you in theory but seeing as it seems they have not asserted ownership up until now and indeed it’s not even clear who they are it is unlikely. 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.
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