We bought a building plot of land in 2007 and it was at the end of a private road. We never looked at our registered title and believed we owned half the land the road was built on in front of our next door neighbours house but we've just discovered we only have an easement. We feel really silly as we were trying to claim adverse possession over another neighbours land at the side of the road which was wrongly positioned. Can we still claim adverse possession even though we don't own the road and we had a topographical survey that shows we don't own the land we're trying to adversely possess? We've been rather nasty to the neighbour believing we could claim her land. Thanks, Karen
Thought we owned land but we didn't
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Claiming adverse possession of registered land is extremely difficult.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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All other posters in this thread should read this: https://www.gov.uk/government/public...egistered-landLawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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The Land Registration Act 2002 is pretty clear. It was brought in after the JA Pye case, and in view of the Human Rights Act, as follows:
Part II
The First Protocol
Article 1
Protection of property
Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penaltiesLawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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