Adverse possession??

[Foxyflugel]

Hi everyone

Can anyone advise or point me in the right direction - I think I may already have an idea what the answer will be.

Basically, I need to find out if we can apply for adverse possession of a piece of land.

The layout of the land all the way up the road (on the back of the properties) is that there is a vehicular right of way between residents back yards and gardens - it is their property but still a right of way.

We are located at the very end of the road and have a row of garages (like in a T shape) so technically the right of way ends there. The land was concreted by the previous owners and is a square piece of land - being the car access to the double garage doors. The previous owners always said it was theirs and used it to park their cars on - for about 45 years and we have done the same for 13.5 years. The garden (being in front of what was the rest of the row of garages) they fenced off and signed a statutory declaration at the time we purchased the house.

It is not shown on our deeds and is unregistered I believe.

On the square there are 3 yard gates - ours and our two neighbours - their property boundary is their yard gate. They have foot access over the land (to get to their back yards).
My questions are:-

1) Would this stop us from taking adverse possession?
2) Does it have to be fenced off?
3) How do we prove we have been using the property in this manner for 13.5 years?

Thanks :tinysmile_grin_t:

[FlamingParrot]

Re: Adverse possession??

The Land Registry should provide you with the answers you're looking for: http://www.landregistry.gov.uk/profe...actice-guide-5

5.2 The application – under paragraph 18 of Schedule 12, LRA 2002 – where the land is registered

You must make the application on form AP1,30 accompanied by the appropriate fee under the Fee Order. We will return as defective any application made in respect of land that was not already registered on 13 October 2003, and any or where there is no evidence of at least 12 years’ adverse possession by that date.

30 LRR 2003, r.13.
5.3 The supporting evidence

The supporting evidence will usually consist of one or more statements of truth or statutory declarations.

[gottagetdat]

Re: Adverse possession??

i also need help with adverse possession, we recently fenced off an unregistered poperty and piece of land,its been abandoned for years and is subject to constant burglaries and vandalism, its an old victorian farmhouse, uninhabitable in its current state so we havnt lived in it, and dont intend to under the news criminal trespass laws, but do intend to possess the curtilage. so we erected locked gates, put private signs up, letterbox etc, and began clearing the land, recieved welcome cards from neighbours etc. anyway one of the neighbours decided to take it upon himself to ring the police who in turn got in touch with the owner. the owner has since come cut off our locks and put there own on while we were away. Am i right in thinking that they have committed criminal damage ? we are a bit stuck as to what to do as she has not had a court order to evict us from the land. do we still have any rights? if we cut off her lock and replace it with our own would we be breaking the law? if we remove our gates letterbox etc would that be a crime? any help would be much appreciated. also i heard it through the grapevine that the true owner is no longer in possession of the deeds, does this affect the case , thank you in advance

[Kati]

Re: Adverse possession??

I cannot advise you on the legalities of adverse possession - but removing your gates, letterbox etc... should not (IMO) constitute a criminal act, they're your property after all.

Have you checked the land registry to see if the land is registered?? https://www.gov.uk/government/organi.../land-registry

I'd suggest you get some legal advice (many solicitors offer a free half hour consultation, or there is always the national pro bono centre http://www.nationalprobonocentre.org.uk )

[Crazy council]

Re: Adverse possession??

you need to do a local search of the records to confirm what the Land reg has is the full paperwork. these will be the important docs in this case, some may be on the others deeds as well.

if its not changed, you have to prove continued usage and maintenance as well over the full period, and that no one else has used or maintained it.