Adverse possession

  • Filter
  • Time
  • Show
Clear All
new posts

    Read in full the land registry practice notes on adverse possession of registered land post 2002, and pay particular attention to point 7, which is a good starting point. You might find a direct access barrister of more use, Liz England or Rowena George are two good ones, or instruct your solicitor to seek counsel's opinion. It will cost you more going through a solicitor. I might be inclined to say to the other side issue or bugger off, because once issued you serve a counter notice asking for the application to be dealt with under 6, paragraph 5 of the Land Registration Act 2002, (Schedule 6, paragraph 3(1) of the Land Registration Act 2002.) Unless they meet the more substantial requirements of 6.5 they are wasting their time.
    Last edited by Jon66; 13-10-2019, 21:23 PM. Reason: More info


      Yes, I think that’s where we are at. Bring the situation to a head or hopefully to a close.


        Perhaps your solicitor should respond to the other side drawing their attention to the additional requirements the applicant will have to fulfil under the LRA 2002 Schedule 6 paragraph 5, because any application under para 1 will be vigorously defended as neither do they fulfil that criteria either. The letter should end with my client does not intend to enter into any further correspondence on this matter and considers the matter closed. In other words issue or bugger off.


          That’s great Jon, thanks. I will have a read. Am I right in thinking the law changed regarding AP around 2002/2003 or was that just for unregistered land?


            Also Jon, I think I might have my dates wrong and this relates to just before this act was passed, so I might be under the old AP rules, did they differ much under the new system?


              There are transitional rules, it's in a practice direction. The dates are v important. Just google it.


              Latest Activity


              • Planning help
                by bubble
                Hi all

                I just want to get some help on some planning issues. An architect mentioned that planning wasn’t required for an outbuilding and would come under permitted development. I had some friend of friend builders who helped with the build and lets say took it upon themselves to add water/toilet...
                18-11-2019, 22:23 PM
              • Reply to Planning help
                by leaseholder64
                I'd certainly expect this to sound the "beds in sheds rogue landlord" alarm with the council.

                Do you live in the main property? If so, why did you not notice the water supply being laid?

                If not, the beds in sheds alarm probably just increased in volume.
                19-11-2019, 15:19 PM
              • Reply to Planning help
                by ram
                1. What was the neighbours complaint ?
                2. Was it that you just had an outbuilding ?
                3. Was it that it was a few millimetres over size ?
                4. Was it that you had put a residential building up that was clearly residential, as it had water/toilet facilities AND a bathroom.
                Certainly not an outbuilding if it...
                19-11-2019, 12:36 PM
              • Blocked from doing a loft conversion by the co-freeholder
                by LondonResident
                I’m a first time poster on the site and couldn’t see anything that relates specifically to this topic, although various forums around the subject.

                I would like to do a loft conversion on our flat and the co-freehold owner has refused consent so we want to see if there is anything we...
                04-11-2018, 10:26 AM
              • Reply to Blocked from doing a loft conversion by the co-freeholder
                by ram
                LondonResident has not logged on exactly a year ago tomorrow, so don't expect a reply.

                Any new questions on lofts should start a new thread, as not all leases and circumstances are the same.
                14-11-2019, 19:05 PM
              • Reply to Blocked from doing a loft conversion by the co-freeholder
                by kennyj52
                Did your co-freeholder give you any grounds for refusing consent? I am also a co-freeholder and have refused consent for a loft conversion which was requested by my other co-freeholders. My main ground for refusing is that I don't trust one of the co-freeholders - is that unreasonable?
                10-11-2019, 18:33 PM
              • Splitting detached house into 2 residencies
                by keentobuild
                Hi all,

                My father-in-law is currently considering splitting his house into 2 flats, either to rent one to help with income during retirement or sell to release capital from his property.

                He is sadly suffering with Alzheimer's disease and doesn't really know the implications...
                19-10-2019, 18:04 PM
              • Reply to Splitting detached house into 2 residencies
                by keentobuild

                I know its a lousy plan, I was just hoping I could have some knowledge behind me in helping inform him that it is exactly that.

                Thanks for the info on planning time frames, this should steady him down.
                31-10-2019, 10:57 AM
              • Laying services over unowned road
                by Charles Smith 007
                I have a planning permission to build some houses. The lower section of the road that they are on has no registered owners and our checks against the title deeds for the properties it goes past, the council land ownership and historic manorial ownerships have confirmed no record of ownership. The solicitor...
                18-09-2019, 19:52 PM
              • Reply to Laying services over unowned road
                by pilman
                The rebuttable legal presumption " ad medium filum viae" is that an owner with land adjoining a road owns up to the mid point of the road unless it is a public highway maintainable at the public expense when the Highway Authority will own the surface and a short distance below the surface....
                29-10-2019, 15:27 PM