Adverse Possession

[DebbieDoodle]

Hi everyone. 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!

[atticus]

Problems with a sale may cost you rather more than legal advice. Have you asked a solicitor what the charges might be?

Have you approached the other parties in an attempt to seek a resolution?

[atticus]

Oh, the OP has posted this more than once.

[atticus]

The third condition seems more likely than estoppel or "some other reason". But I would contact the other parties first. They are unlikely to want the land, so there is a deal to be done.

[DebbieDoodle]

One of the joint owners is a limited company which has been in liquidation for many years. The other is Avant Homes (was Bett Homes, from whom we purchased). Bett Homes MUST have known at the time that a piece of retained land jutted onto our plot & would not subsequently be registered in our names on completion, & yet the deed plan they produced showing our plot edged in red DID NOT show this. It was only AFTER completion & when form TP1 was sent to Land Registry that the issue was highlighted, & the letter seems to have been forwarded to the bank by our solicitor for storage with the deeds without even mentioning it to us. We just don’t know if this circumstance “fits” into any of the 3 situations mentioned in schedule 6 para. 5. Fast forward 20 years & we find we have a problem on clearing out the loft! We can’t spend a lot of money on this. We’ve thoroughly researched AP but the big question is should we just try applying without trying to rely on any of the conditions in schedule 6 para. 5? We’re aware that this could become a huge money pit, but in all honesty there is no use for it for either of the joint owners since the whole site has long since been developed.

[atticus]

In respect of the company in liquidation, contact the Treasury Solicitor (Government Legal Department) - assets of liquidated companies vest in the crown.