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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 27369
Experience:  Senior Partner at Berkson Wallace
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I need adverse possession in order to sell my home with the

Customer Question

I need adverse possession in order to sell my home with the garage attached.
Submitted: 16 days ago.
Category: Property Law
Expert:  Stuart J replied 16 days ago.

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

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.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

Just Answer is not a chat service, it’s an email reply board and therefore sometimes it will be minutes, sometimes it may be longer, even hours or overnight.

I apologise in advance if you suffer a delay.

Kind regards.

Expert:  Stuart J replied 16 days ago.

Can you give me the background to this question in order for me to properly advise including -

how long have you been there and was garage already there?

Expert:  Stuart J replied 15 days ago.

Hello again.

I see that you have not had a chance to get back to me with the information I requested. It would really help me if I had the full background please.

Based on the limited information provided, let me answer you as far as I can at this stage in time.

If this isn’t what you are looking for or doesn’t answer your question, please respond and we can continue this thread until all your queries are answered.

Meanwhile.....

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.

This process is not one to be quick and it could easily be 12 months or up to a couple of years before you get possessory title on the property and it then needs to be another 12 years before you get absolute title so you would be selling the property with possessory title and the buyer will normally want an indemnity policy in case somebody pops out the woodwork causing problems. Those kind of policies are not expensive.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Expert:  Stuart J replied 15 days ago.

Hello again. If you don’t have any further questions, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months. I’m glad that I was able to help. Thank you for trusting Just Answer with your legal problem. Kind regards Stuart