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Claining ownership of land

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  • Claining ownership of land

    Hi,
    I am acting on behalf of a neighbour who has used a piece of land as part of his garden for around 65 years ( he is 93 years old ). Around 18 months ago new neighbours moved in to the attached house next door and gained planning permission on the land to use it as extra garden. From what I have read up to now it seems my neighbour is likely to be able to be able to claim the land as his and have it registered in his name, Is this correct and what would be the best way forward. Any advise would be welcome.

    Many thanks.
    Tags: None

  • #2
    May I ask in what capacity you are acting?
    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

    Comment


    • #3
      Is the land registered at Land Registry? If not, an application for first registration with possessory title can be made.

      If the land is registered, notice will havr to be given to the registered proprietor.

      Neither route is straightforward if the application is contested.
      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

      Comment


      • #4
        I am a friend and neighbour helping him to understand the process he would need to go through to gain title of the land. I have no professional experience in this field. My wife found out having looked at the planning application that the land has not been previously registered. Over the years my friend created a parking space and the rest has been used as extra garden and for composting. I myself have lived in the area for 4 years but some other neighbours have lived here at least 40 years and can vouch for him.

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        • #5
          You need to read this Land Registry guide: https://www.gov.uk/government/public...egistered-land
          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

          Comment

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