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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 24625
Experience:  Senior Partner at Berkson Wallace
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It would be really helpful if you could advise us on the

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Good Morning,
It would be really helpful if you could advise us on the following
We have lived in our detached house near Camberley for around 43 years. Now proposing to downsize and sell.
The Land Registry plan indicates the area of land as being much smaller than the original plot of land we purchased up to clearly defined boundaries.
During the whole of our residency we have used the full property land area, up to all boundary demarcations and have constructed a garage and conservatory on part of the land. The Land Registry boundary line cuts through part of these and would cut off our driveway to the garage if correct.
There has been no question or query about ownership, possession or use by any adjacent owner or other third party during our full residency,
What would you advise would be the most appropriate form of action to take?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Hi Pearl, We have asked an estate agent for a valuation , he has given us a buyers guide which shows on a plan the differing boundary lines No paperwork has been filed.
JA: Where is the detached house located?
Customer: At the end of a small cul de sac in Mytchett Camberley Surrey
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My name perhaps Keith Brown,

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Does your land border other properties?

and no one has had an issue regarding these boundaries in last 43 years?

Stuart J and other Property Law Specialists are ready to help you
Customer: replied 12 days ago.
the particular boundary line in question borders a semi detached house with its garage on the defined boundary line of our property, their garage is not on the boundary line shown on the land registry plan

If someone has used a piece of land without consent and without objection and not in secret for more than 10 years if the land is registered at the Land Registry (12 years if unregistered) they are entitled to have the land registered as their own under the doctrine of Adverse Possession.

Any known owner would be contacted by the Land Registry and an application is made by the possessor and they would be allowed to dispute the application.

Any disputed application is passed onto the Land Tribunal who will decide the issue based upon the evidence.

The has to be an intention to possess the land and it has to be occupied to the exclusion of others which means that fencing is off or possessing it and excluding others in some way is almost essential.

Whilst someone claiming adverse possession will very often have occupied the land for far in excess of the requisite period, it’s very often the case that they have no proof of when they first started to occupy and use the land.

If it was not occupied to the exclusion of others but merely used for a period, then the person using it cannot claim adverse possession but may be able to claim an easement if they can prove 20 years use without consent or objection is not in secret.  That application for an easement (such as a right-of-way) would be made under the Prescription Act.

It’s also worth noting that if someone has an easement already over a piece of land, and they fence it off and exclude others, and do so in excess of the requisite period, they cannot claim adverse possession because their possession cannot be adverse if the access was originally by consent as a result of an existing easement.

The time periods are not just in respect of the current owner but the periods of the current owner and all the previous owners are added together.

If anybody is going to make an application for Adverse Possession they need to start by reading the practice guides:

There is the first one for registered land:

https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land

And one for unregistered land:

https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land/practice-guide-5-adverse-possession-of-1-unregistered-and-2-registered-land-where-a-right-to-be-registered-was-acquired-before-13-october-2003

the land registry form is ADV1

https://www.gov.uk/government/publications/adverse-possession-registration-adv1

And there also needs to be a Statement of Truth:

https://www.gov.uk/government/publications/adverse-possession-statement-of-truth-st1

And finally, the application needs to be accompanied by proof of occupation.

The other way of dealing with this as a deed of rectification.

Some solicitors would make an application for adverse possession, others deed of rectification.  There is really no right way or wrong way of dealing with it.

A deed of rectification basically amends the original transfer to you on the basis that you and the neighbour both agree that the transfer was incorrect.

There is nothing to stop you doing either the application for Adverse Possession yourself or the Deed of Rectification yourself, without solicitors, but then again, there is nothing to stop you taking your own appendix out either.  Might be better done by an expert.

Regardless, you are going to need a large-scale plan to the land registry specification.  You cannot base it on Google Earth but you may be able to base it on the title plan from the land registry if the scale is big enough.  Some land registry plans are very clear, others are not so clear because the scale is very small or they were drawn ages ago.

We got cut off again.  I did try again but it didn’t connect.  I will try once more

The third way of dealing with this is for the neighbour to simply transfer the land to you.

The process is not for the fainthearted although it’s not an uncommon question and therefore I have a standard cut-and-paste answer which is below: a solicitor would probably charge under GBP500 plus VAT plus the land registry fee:

To transfer property from 2 names to 1 name or from 1 name to 2 names or to simply sell a property is relatively straightforward but there are a lot of forms to fill in

The transfer deed for sale or simple transfer is form TR1

https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1

and here are some notes on that form: https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property

and you also need AP1

https://www.gov.uk/government/publications/change-the-register-ap1

and ID1

https://www.gov.uk/government/publications/verify-identity-citizen-id1

for all the parties involved.

There needs to be one of the latter forms for each person involved. It needs a passport sized photograph certified by a solicitor as being a true likeness. This is not needed if solicitors are doing the job but the solicitors will want different ID, usually a passport or driving licence and 1 or 2 utility bills.

There is also the Land Registry fee based upon the value of the house which is here:

https://www.gov.uk/guidance/hm-land-registry-registration-services-fees

Use scale 1 fees.

If there is a mortgage on the next door neighbours property, his lender will need to consent.

As no money is changing hands, there would be no stamp duty but you would still need to fill in a nil return