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We bought a brand new house from a developer in 2001, but the plot “edged in red” on our deed plan & sent to Land Registry with form TP1 could not be registered in full as a small strip was registered jointly with our builder & another building company (Bett Homes & Jennings Homes shared the site). We were not notified of this at the time but recently found the letter detailing this inside the bundle of conveyancing paperwork returned to us by the bank on repayment of our mortgage. We’re sure we satisfy all the conditions for Adverse Possession. Basically we were led to believe we owned all of our plot, then paid for this but didn’t get it all. No one can access this 1 metre x 2 metre strip. It’s fenced in, partly paved & where we keep our wheelie bins at the side of the garage. I don’t want this to be a problem if we sell the house but do not want to pay thousands to a solicitor. Based on the above circumstances, can anyone offer any advice as to which of the 3 conditions in Schedule 6 Paragraph 5 of the Land Registration Act 2002 we could rely on in an Adverse Possession claim? Thanks!
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Hello
I'm not an expert in adverse possession but I believe the common condition relied on by most is the third condition although I understand that you can rely on multiple conditions which will be taken into account. Your application may go much smoother if the companies are no longer in business since there would be no counter-notice or objection unless there is a successor involved as I believe the LR will notify the owners of the application,
Also you may need to provide evidence of the adverse possession and that can be the most difficult part to show the minimum 10 year period has been met. Records or receipts of work done to the land which is intended to exclude the owner and the world e.g. fencing and when it was installed, being used as an extension of your garden etc. can be evidence to support adverse possession.If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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Gorn, then - what are the 3 conditions mentioned in shedule 6 paragraph 5 of teground for an adverse possession?Comment
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