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Started by mpppen, 20-06-2019, 11:23 AM
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  • Adverse Possession of Land adjoining Leashold Flat
    by Palomino
    In the early 90's my dad bought a ground-floor leasehold flat in a newish development. Altogether there are 4 on the corner plot with communal areas for both blocks to the front and back of the other block. Directly at the back of ours was an additional strip of land which was unaccessible until the...
    20-04-2020, 08:28 AM
  • Reply to Adverse Possession of Land adjoining Leashold Flat
    by Lawcruncher
    If you are in possession of land you have no obligation to prove ownership to anyone, the point being that no one who has no interest can make you leave the land if they themelves cannot show title to it.
    03-07-2020, 21:50 PM
  • Reply to Adverse Possession of Land adjoining Leashold Flat
    by pilman
    To be in adverse possession of land the person claiming that has to have been in exclusive possession with the intention to possess by excluding all others including the owner with the paper title.

    The Land Registration Act 2002 made changes to how adverse possession of registered land...
    03-07-2020, 21:17 PM
  • Reply to Purchasing a Plot of (currently) Unregistered Land - Risks?
    by pilman
    A Possessory Title can only be granted by Land Registry after an application has been made to it that provided evidence that such possession of a piece of land has actually occurred for a period in excess of 12 years with the possessor proving that such use was exclusive use with the intention to remain...
    03-07-2020, 21:01 PM
  • Purchasing a Plot of (currently) Unregistered Land - Risks?
    by StuStew
    We wish to purchase a reasonably small plot of land in the vicinity of our property.

    We are in amicable contact with the land owner, who has inherited the land, which in turn forms part of the estate of a now deceased person. The land is currently unregistered (certainly because it has...
    21-06-2020, 21:57 PM
  • Reply to Purchasing a Plot of (currently) Unregistered Land - Risks?
    by StuStew
    Correct, this is exactly the case. Both landowner and (suspected) adverse posessor have never applied to have any of it registered.



    The landowner does indeed have the original paper deeds. Their solicitors are trying to register the land based upon these paper deeds.
    ...
    03-07-2020, 15:37 PM
  • Reply to Adverse Possession of Land adjoining Leashold Flat
    by Palomino
    OK folks......I'd like some additonal help on this as have had a chat with the new owners who have asked if I can produce any documentation to 'prove' my entitlement to the garden. Of course I don't since the piece of land in question appears on Land Registry as belonging to the freeholder. Could they...
    03-07-2020, 14:03 PM
  • Reply to Please Help. Legal & Moral Advice sought.
    by pilman
    it was also stated that your parents bought their property 25 years ago, so that it is registered.
    Schedule 6 of the Land Registration Act 2002 will be the legislation that decides whether the neighbours have been in adverse possession of the property.

    Part of the land now covered...
    03-07-2020, 13:19 PM
  • Please Help. Legal & Moral Advice sought.
    by first timer 123
    Hello There,
    I would really truly appreciate any advice either professionally, personally or even morally.
    Myself & my partner are currently in the process of purchasing our first home which happens to be the house next door to my parents.
    We genuinely thought all would go so smoothly........
    27-06-2020, 18:25 PM
  • Reply to Please Help. Legal & Moral Advice sought.
    by Lawcruncher
    The possible scenario you describe sounds plausible. However, I never came across a scenario like it in 30 years of conveyancing. Odd things do though happen in the country where property boundaries are not aways as organised as they are in towns. It is possible that the two properties were once part...
    02-07-2020, 21:22 PM
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