Adverse Possession Advice

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    Adverse Possession Advice

    Hi All,

    My neighbours and I are thinking of putting together an adverse possession application for a strip of land next to my house which is currently unregistered and has been used by the residents of our four houses (including previous owners or occupiers) for over thirty years. We use this land for access to the back of our properties, for parking, for storage (currently there is a SORN vehicle, a wood shed and a huge pile of firewood) and to turn our cars around. Maintenance of this area has been undertaken by the residents including the installation of an access track, planting of trees and bushes, vegetation management and repair of the access track. The area is predominantly unfenced as there is a public right of way across part of it and fencing it would mean that we couldn't use it for parking etc. Is the above a strong enough basis for an adverse possession application?

    If we go ahead with the application, we are looking to find a specialist solicitor (preferably in Yorkshire or the North East), does anyone have any suggestions?

    Thanks,
    Caroline

    #2
    I doubt that a collective application is possible. The claimant has to show exclusivity of adverse possession.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      From the information supplied this one sounds like a non-starter.

      Comment


        #4
        Thanks for your input.

        Is there any other way we can protect our access to this land? Our main concern is that a property developer has recently purchased the land on the other side of this land and we are worried that he may lay claim to it at some point in the future.

        Also, is there any way of buying unregistered land where the owner is unknown? I would be happy to pay for it if I knew where to buy it from!

        Comment


          #5
          No property owner can get a better title than you unless he buys the land from the owner.

          There is no easy way of discovering the owner of unregistered land since the system of unregistered conveyancing is private. In any event you need to consider whether your best policy is to go with the status quo and let sleeping dogs lie.

          Comment


            #6
            You could all try unilaterally extending your gardens by the same amount at the same time, and hope that no one notices.

            ML
            Refer Mad Regulators to Arkell vs Pressdram.

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