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Access rights and legal title

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  • Access rights and legal title

    We bought our house a little over 20 years ago with right of access from the road to our property via a small track maybe 100m long and have enjoyed free access ever since. The solicitor at the time couldn’t find who owned the track. Beyond our house there’s also a small parcel of ancient woodland again which the solicitor couldn’t find ownership. So for the past 20 years we have used the woodland as if it was our own, cut fallen trees, installed and maintained fencing. We’ve even in recent years, following storms, planted many new trees. Similarly we have at considerable cost maintained the track.
    Just this year we have received notice from who seem to be the legitimate owners of the land and the track demanding access to their land and stating they are considering the idea of either selling or developing the land.
    I have little doubt the ownership is authentic but are wondering, since this is the first we’ve heard from the landowners, how strong a case we may have for adverse possession.
    We’re confident we have right of way and the likelihood of development in this area is next to zero but it would be good to take ownership of both the track and the woodland.
    Any thoughts? Thanks
    Tags: None

  • #2
    Is the title to this woodland registered at the Land Registry? This is important and affects the likely outcome.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment


    • #3
      Originally posted by atticus View Post
      Is the title to this woodland registered at the Land Registry? This is important and affects the likely outcome.
      Thank you for your response, I have little doubt they have legal title, its more about them never having accessed the land in the past 20 years nor contributed to the upkeep of the woods or the track in any way whatsoever.

      Comment


      • #4
        That was not my question.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Guides and handbooks for Litigants in Person - :

        https://legalbeagles.info/forums/for...60#post1701560

        Comment


        • #5
          Yes the land is registered with land registry

          Comment


          • #6
            In that case a limitation defence is unlikely to succeed, and it is unlikely that you will get a possessory title. See sections 96 to 98 Land Registration Act 2002 - https://www.legislation.gov.uk/ukpga/2002/9/part/9
            ​​​
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Guides and handbooks for Litigants in Person - :

            https://legalbeagles.info/forums/for...60#post1701560

            Comment

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