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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 32231
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a small piece of untitled land attached to my

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Hi, I have a small piece of untitled land attached to my property, we have looked after it for 20 years as it was a rubbish tip. I am looking for help to have it registered as part of our property but have no idea where to start or how expensive it will be
JA: What are you located? It matters because laws vary by location.
Customer: Carmarthenshire south wales
JA: Has anything been filed or reported?
Customer: not as far as I know
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: new people have moved into vacant property’s and want to put a wall up for gates which will go over that piece of land

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

  1. for the avoidance of doubt, when you refer to the land is untitled, may I confirm you refer here to the land not been registered at the land registry please?
  2. have you incorporated the land into your property such as by erecting boundary structures and the like?

Customer: replied 15 days ago.
To my knowledge it is council land as it boarders a road on one side
We have been doing the upkeep for 20 years and planted it as it was used as a waste tip.
Customer: replied 15 days ago.
Sorry I can’t do this as my husband needs to ok it, can I contact you later

thank you. to be clear, you have maintained the land but have you actually enclose the land in some way so as to restrict access to others?

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:

Notwithstanding the above, in general terms in order to claim adverse possession of the land, you will need to show that you have possessed the land and not just maintained it. There is no single approach to demonstrate possession but generally, in order to share possession, you must be able to show that you have sought to exclude others from the land and demonstrate a degree of control in respect of the land. One of the simplest ways to demonstrate this is by erecting boundary structures of some description in order to make it evident that the land belongs to you.

If you've done this and you can show that you have been in possession of the land for 12 years or more in this regard, and the land is not registered, then you could make an application for adverse possession in respect of the land at the land registry. if by contrast you have only maintained the land without seeking to possess it as discussed above, then it is unlikely such an application would succeed but if the land is unregistered, there is nothing that would prevent you in principle from seeking to possess the land in the above way and 12 years later for unregistered land, you could seek to make an adverse possession claim in respect of the land at that time

I hope the above is of some assistance but if you have any further questions, please revert to me.

I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.


Customer: replied 13 days ago.
Sorry I cancelled this consultation straight away as I explained it’s too expensive to join and we have now had help elsewhere

I hope I was able to answer your question at this to some extent. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.

Joshua and other Property Law Specialists are ready to help you
Customer: replied 13 days ago.
Very quick response, may use them later

thank you for the feedback. I'm glad the above was of some assistance