Thought we owned land but we didn't

[CookieCrew]

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

[atticus]

Claiming adverse possession of registered land is extremely difficult.

[echat11]

The important factors on your side are that you believed it was yours, the evidence e.g. did you mow it every Friday etc and the period that's elapsed.

[atticus]

All other posters in this thread should read this: https://www.gov.uk/government/public...egistered-land

[CookieCrew]

echat11 No the road is 11/2 metres on the neighbour's land, it's for access and egress by 5 houses and their visitors/deliveries but we want to register it. The road already has a legal easement of 4.2m width but we'd like a bit more even though the owner has told us to move off.

[echat11]

All other posters in this thread should read this: https://www.gov.uk/government/public...egistered-land

No doubt there will be various case law, precedent etc which can be looked at.

[atticus]

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 penalties

.