Adverse possession

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    #16
    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

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      #17
      Yes, I think that’s where we are at. Bring the situation to a head or hopefully to a close.

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        #18
        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.

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          #19
          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?

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            #20
            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?

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              #21
              There are transitional rules, it's in a practice direction. The dates are v important. Just google it.

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