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
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
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