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Adverse possession options

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  • Adverse possession options

    Hello
    In summary, about to complete on a property where the garage was shifted 10 years ago to sit on land not part of the title deeds.

    Permission was not granted and given the locked garage takes up most of this registered land, I believe factual possession can be claimed.

    The quandary I have is that it is my intention to "clean up" this title deed situation for any future sale but also to knock down the existing garage and rebuild, both seem at odds to my current options:

    1) make a claim for adverse possession
    (a) win the claim outright
    (b) have it contested but keep existing garage structure for 2 years and then reapply
    (c) have it contested and pay (currently uncontactable) registered owner for the land
    (d) have it contested and told to poke it and lose my garage

    2) don't make a claim, take up the offered indemnity insurance provided by the vendor
    (a) an attempt to claim adverse possession invalidates the insurance
    (b) I can build new garage and have cost covered by policy but I inherit the issue of not owning the land when it comes to a future sale

    for clarification, there is no other available space for a garage on land I would own as it was re-sited to accommodate a large extension.

    My evidence for adverse possession consists of satellite photos of original garage location and updated to show new location (but only as of 5 years ago not 10). However, I have a planning permission document and completion certificate which includes the wording with regards to re-siting the garage as of 10 years ago (albeit the plans for said application don't have it moved to this land owned by another).

    I guess I'm just looking for anybody's thoughts on best way forward as there isn't a clear choice for me from above options

    Thank you
    Tags: None

  • #2
    Sorry one point to add:

    The small plot of land on which the garage is on also covers an unadopted highway with public right of way.

    It is unclear to me if this is detrimental to a claim for adverse possession?

    Comment


    • #3
      Any thoughts or is this a six of one and half a dozen of another type situation?

      Comment


      • #4
        What are the chances of the rightful owner of this land being traced?
        You said the plot was registered so do some searching to see if the owner (or his heirs) can be found.
        If they are not traceable an adverse possession claim could be successful.

        Of course if they have just forgotten about this plot they may then reclaim it, or offer it to you for sale or rent

        Comment


        • #5
          Hi there
          thanks for feedback. I have already tried to track them down with (thankfully) little success. I basically have a report showing they were last on the electoral role over 15 years ago. No online presence. Also the address they were last on electoral role is different to land registry which incidentally isn't a current address, no results pop up on Google etc.

          Now if this person is alive and off the grid, I'm in a good position. If however they are deceased, then I believe this can scupper an adverse possession claim

          Comment


          • #6
            If you make an adverse possession claim, Land Registry write to the registered owner at his last registered address.
            If he has not kept his address up to date AFAIK the Land Registry do not go hunting for him or his death certificate.
            If he doesn't reply within 2 months (?) the transfer goes ahead.

            Comment


            • #7
              That's a very useful bit of info, light at the end of the tunnel. Thank you

              Comment

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