Freehold and adverse possession

TLP2012

I am considering buying the freehold of the property I live in - I own the lease on one of the flats.

The freehold appears to cover some unused land by the side of the property. The current freeholder is also the leaseholder of the land. He lives out of the country now but has been contactable on email and wants to sell the FH.

How does this affect ownership of the land? Will we have to go down the route of adverse possession if he demands more for the FH plus the LH of the land? As I said he has done a bunk and the land is really overgrown. We changed the locks on it a while ago.

Thanks

loubel

If he owns the leasehold title to the land then you would become his landlord when you buy the freehold. Rather than attempt to claim adverse possession you'd be better off asking him to surrender his lease or sell you the leasehold title at the same time as the freehold.

G_M

As Loube lsays. Buy the lease at the same time as the freehold. Why make life complicated?

Adverse possession takes a long time and is not certain to succeed. In the meantime you will be trespassing if you use the land.

http://www.landregistry.gov.uk/professional/guides/practice-guide-4

TLP2012

That's what I thought but didn't want to spend any more ££ on the leasehold! The only thing I can think is if he is breach of the lease when we take over the FH and we get him to surrender it as you say loubel, but we won't be able to find that out until we get the FH

TLP2012

Thanks both, he paid quite a bit for the land 6 years ago so it would whack the total price right up, that's what was putting me off. I want something for nothing!

TLP2012

Out of interest, how do you prove adverse possession? If you are using someone else's land and stick a new lock on the gate to some land to claim it then isn't that just trespassing?

JQ.

You would be planning to claim adverse possession on land you already own. I'm no lawyer, but I would expect that on the basis you should know exactly who owns the land and what interest they hold, as you are their landlord, adverse possession would be quite difficult.

Buy the freehold on the basis that you won't get the leasehold interest in the land. That's because you won't.

Fire_Fox

Superior landlord needs to serve notice on all the leaseholders, he can't just sell the freehold to you.