ADVERSE POSSESSION - Another person registered after we had fenced and improved land

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    ADVERSE POSSESSION - Another person registered after we had fenced and improved land

    In 2000 my family rented a premises for retail purposes. Adjacent to the building these was some open, derelict land with rubble from several demolished houses on it. It was not part of our rental of the building and was not owned by the landlord we rented from. Our enquiries about who owned the land came to nothing and when we checked the Land Registry it was unregistered. The local council have a long lease on the land.

    For a few years we used it a parking area for both our vehicles and for customer parking. Around 2004/5 we invested some money having part of the land cleared, to increase the parking area.

    Later, in 2006, due to problems with litter, vagrants etc and to improve security to the building, we fenced the land. and cleared it (several 45 ton lorries loads) and had road planings laid by a contractor to improve the ground. We also added some shipping containers for storage. The land was fenced all around and locked and secured with only us having a key.

    Some time after we had completed the improvements another person registered the land with the Land Registry, even though we were already on the land and had enclosed it and improved it and used it as an owner would use it. They have never challenged our being on this land.

    10 years have now passed and we wish to apply for Adverse Possession based on the fact that we have used and improved the land for the full 10 years without anyone approaching us, we have not made contact with the "registered owner" where do we stand. Does this person have any rights to the land as they only registered it after we have taken possession and improved it. What is the best way forward?

    #2
    Sorry, but you said "the local council have a long lease on the land". How do you know this if it's not registered?

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      #3
      If the land is leased to the council then you are not in adverse possession against the freeholder. Time does not start to run against the freholder until the lease has come to an end. That means that you cannot apply for registration of the freehold interest at this time.

      Time is running against the council, but assuming the lease is unregistered 12 years is the relevant period. Whilst after 12 years the council will lose its title, you will still not be able to apply to register the leasehold interest. See section 7.1 in this guide: https://www.gov.uk/government/public...sehold-matters

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        #4
        Similiar to us the council opposed on the fact that there was no Adverese possession as the prev tenants agreed to let us use it , they lied to the council who are the paper title owners !! Wonder what the LR think of this we had OS inspecting our land to show the fence has been there 16 years so what will happen now , awful to think tha dishonest people say such things

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          #5
          How do the LR make a des son if one party is dishonest I wonder ?

          Wonder if that situation has ever come up before ?

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            #6
            Does the tenant have a say or us the paper owner regarding LR

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              #7
              How do you appeal if it's rejected or apply to a court , what's the steps please

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