Unregistered Strip of Land - Adverse Possession

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    Unregistered Strip of Land - Adverse Possession

    Hi,
    I know adverse possession has come up before in the forum and i have read through them, but I've either missed the answer i'm looking for, or it's not been mentioned.
    I've been a sales progressor for many years and know a fair amount of the legal process, however this problem is new to me (normally left for the solicitors to deal with).

    I have the buyer and seller's solicitors at loggerheads with each other and neither budging on who should be dealing with, so between clients and myself, i've taken on the reins and investigating it myself. My client is an elderly man and the buyer is a FTB so neither confident of what to do and the FTB won't proceed with the sale until the 'Adverse Possession' is sorted.

    So we have a tiny strip of land at the back of the garden. The Vendors have lived in the property for approx. 40 years. they have maintained the land by pruning the overgrown shrubbery and tree that is beyond his back fence and in the strip of 'no mans land'. Beyond the strip is the boundary of the garden belonging to the house in the road behind this road. (so gardens back to back with this strip running in between, all along the backs of our side of the gardens).

    We have checked the LR plans and the strip is unregistered. The vendor said that William Davis Builders built the houses some 50+ years ago. I contacted them yesterday and they checked it for me and said they can't establish the ownership and confirmed that it's un-registered.

    So this 12 years thing.... i have had another independant solicitor tell me that the 12 years START from application stage. Can this be back dated with prove of maintenance? And if so, can they apply for Absolute Possession?

    Or leave it to the new buyer to apply when she completes?

    Sorry for the long winded question/story. Building a picture of the situation.

    Thanks.

    #2
    It is not clear whether the strip in question is enlcosed with the garden or the other side of a boundary feature. Any chance of a sketch plan showing the layout?

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      #3
      i don't have a plan to hand but from memory of seeing it, it's on our side. Half a dozen of the 40 ish houses, including the next door and several others close by, have got clear title and have absolute possession, so it would appear that its on our side and not of the neighbouring gardens at the back.

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        #4
        I need to have a clear idea of the layout here and precisely what has been done with the strip. A few questions:

        1. Is there a rear fence? If there is, is the strip on the garden side of the fence?

        2. If there is no rear fence or the strip is enclosed with the garden, is the strip distinguishable from the rest of the garden?

        3. What use exactly has been made of the strip?

        4. Do the deeds grant or reserve any rights over the strip?

        5. What lies beyond the strip?

        6. What sort of width are we talking about?

        7. How significant is this strip?

        Can you scan and post a copy of the LR plan (with identification of location removed)?

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