• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Adverse possession

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Adverse possession

    Hi all,
    I'm new to this forum but I hope you can help me please.
    I have occupied some land for 10yrs.
    There was another occupier for 3yrs of this land prior to me.
    I want to claim this land through adverse possession. It is unregistered land.
    My question is
    (1) Should I now inform HM Land Registry that I've been in possession of this land for 10yyrs?
    Or
    (2) Should I claim posession of this land for 13yrs with the help of the previous occupier?
    Thank you
    Tags: None

  • #3
    Thank you Des8,
    I appreciate you replying to my post but it doesn't answer my question.
    I'm on unregistered land, I can inform HMLR that I've been here for 10 yrs and start the process of claiming Possessionary Title
    Or I can inform HMLR that I've been in possession of this land for 13yrs incliding 3yrs accrued by the person before me which he has passed on to me.
    My quandary is, which one of these is it best to pursue?
    Thanking you again
    Pioneersjack

    Comment


    • #4
      If you read my post you would note that I suggested option 2).

      Further the link I gave tells you that for adverse possession of unregistered land the claimant requires 12 years occupation

      Comment


      • #5
        Hi again, yes it does say12 yrs but you can notify HMLR after 10yrs as I already explained.
        Thank ypu for your reoly

        Comment


        • #6
          YOU need to have occupied the land for twelve years. Occupation by anyone else is irrelevent.

          Comment


          • #7
            For adverse possession of unregistered land you must show that:
            • the squatter has factual possession of the land
            • the squatter has the necessary intention to possess the land
            • the squatter’s possession is without the owner’s consent
            • all of the above have been true of the squatter and any predecessors through whom the squatter claims for at least 12 years prior to the date of the application

            Comment


            • #8
              Can Adverse Possession Be Transferred Or Passed On?

              The time periods of either 10 or 12 years, can in certain circumstances be carried forward between squatters whether or not they have been completed. For example, if your predecessor in title occupied the land for five years and you then purchased a property from them and have occupied the squatted land adversely for a further five years, you can use the evidence of occupation and exclusive possession of your predecessor in title to assist you in meeting the required time period of 10 years. A statement would usually be needed from the predecessor in title to help with your application and the detail required in the statement is very important. We very often see houses purchased with the hope that the purchaser will be able to gain registration of an additional bit of unregistered land not sold with the house, but where the vendor’s statutory declaration provided at the time of sale is wholly ineffective. We recommend obtaining expert legal advice before you purchase.

              Comment


              • #9
                Please see upload
                Attached Files

                Comment


                • #10
                  Unfortunately the last two lines of your upload are blanked out.
                  Would like to know the source & reason for that assertion as it appears ton conflict with Land Registry and Government advice

                  Comment


                  • #11
                    Thank you Des8, you were spot on with your advice, things have moved on a bit since then.
                    I have found a document in which the EA have stated that they do Not own this land which I'm in possession of.
                    ​​​​​​,
                    ​​​​​​. How can i now document my legal status on the land, it is unregistered with no known owner and I'm in exclusive possession of it. The land is bordered by high natural Bramble hedging. I have put up signs stating that its private land with no public right of way.
                    Thank you for your help
                    Does anyone know what I should do?
                    Regards
                    Pioneersjack

                    Comment

                    View our Terms and Conditions

                    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                    Working...
                    X