How easy is it to apply for Adverse Possession?

housebuyer143

The land is a small strip of wasteland at the end of my property and I fenced it in 13 years ago. The Land Registry report the wasteland that I have adopted to be unregistered so I want to claim possession of it and add it to my title. I believe this should be fine considering 12 years have passed and the land is unowned. 

Is this easy enough to do myself or should I get a solicitor to submit this for me? 

babyblade41

You would be wise to get a solicitor, firstly you will have to find out who owns the land firstly, maybe un registered but owned by someone.

Once that has been established then a surveyor will come out to inspect any boundaries , then notice is sent to neighbouring properties who can object.

If there is a sale linked to this then the LR can expedite it but the procedures are time sensitive so it can be looked at quicker but the steps involved are time sensitive  

Once all that is done and accepted you can get possessory title 

housebuyer143

babyblade41 said:

You would be wise to get a solicitor, firstly you will have to find out who owns the land firstly, maybe un registered but owned by someone.

Once that has been established then a surveyor will come out to inspect any boundaries , then notice is sent to neighbouring properties who can object.

If there is a sale linked to this then the LR can expedite it but the procedures are time sensitive so it can be looked at quicker but the steps involved are time sensitive  

Once all that is done and accepted you can get possessory title 

Thanks. I can't see any issues with someone wanting to claim the wasteland. It's literally useless to anyone else. 
I imagine the developers own it as the council would not lay claim to it when I asked. 

I am selling currently, how long do you think the expedite process would take for this?

Section62

housebuyer143 said:

The land is a small strip of wasteland at the end of my property and I fenced it in 13 years ago. The Land Registry report the wasteland that I have adopted to be unregistered so I want to claim possession of it and add it to my title. I believe this should be fine considering 12 years have passed and the land is unowned. 

Is this easy enough to do myself or should I get a solicitor to submit this for me? 

Is this the same issue you were asking about yesterday and then deleted it?

All land is owned by someone/something.  One of the reasons land is unregistered is because it is owned by a local or statutory authority.  You might want to get some advice from a solicitor about the best strategy to follow, in case things turn out more complicated than you expect.

babyblade41

housebuyer143 said:

babyblade41 said:

You would be wise to get a solicitor, firstly you will have to find out who owns the land firstly, maybe un registered but owned by someone.

Once that has been established then a surveyor will come out to inspect any boundaries , then notice is sent to neighbouring properties who can object.

If there is a sale linked to this then the LR can expedite it but the procedures are time sensitive so it can be looked at quicker but the steps involved are time sensitive  

Once all that is done and accepted you can get possessory title 

Thanks. I can't see any issues with someone wanting to claim the wasteland. It's literally useless to anyone else. 
I imagine the developers own it as the council would not lay claim to it when I asked. 

I am selling currently, how long do you think the expedite process would take for this?

When I did this it took about 6 weeks but this was because a mistake was made by powers of attorney who did the first registration. We asked if a correction could be made but was rejected , boundary walls had been in place for about 70 years  & the only neighbour had their title up to the edge of the strip land & was correct & paper deeds loosely backed it up .

The longest bit would be evidence gathering & firstly find out who actually owns it, but get a solicitor as it can get very costly 

lookstraightahead

housebuyer143 said:

babyblade41 said:

You would be wise to get a solicitor, firstly you will have to find out who owns the land firstly, maybe un registered but owned by someone.

Once that has been established then a surveyor will come out to inspect any boundaries , then notice is sent to neighbouring properties who can object.

If there is a sale linked to this then the LR can expedite it but the procedures are time sensitive so it can be looked at quicker but the steps involved are time sensitive  

Once all that is done and accepted you can get possessory title 

Thanks. I can't see any issues with someone wanting to claim the wasteland. It's literally useless to anyone else. 
I imagine the developers own it as the council would not lay claim to it when I asked. 

I am selling currently, how long do you think the expedite process would take for this?

What is the reason you want it if you can't foresee anyone else wanting it? 

Slithery

Have you read...

https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land/practice-guide-5-adverse-possession-of-1-unregistered-and-2-registered-land-where-a-right-to-be-registered-was-acquired-before-13-october-2003

housebuyer143

lookstraightahead said:

housebuyer143 said:

babyblade41 said:

You would be wise to get a solicitor, firstly you will have to find out who owns the land firstly, maybe un registered but owned by someone.

Once that has been established then a surveyor will come out to inspect any boundaries , then notice is sent to neighbouring properties who can object.

If there is a sale linked to this then the LR can expedite it but the procedures are time sensitive so it can be looked at quicker but the steps involved are time sensitive  

Once all that is done and accepted you can get possessory title 

Thanks. I can't see any issues with someone wanting to claim the wasteland. It's literally useless to anyone else. 
I imagine the developers own it as the council would not lay claim to it when I asked. 

I am selling currently, how long do you think the expedite process would take for this?

What is the reason you want it if you can't foresee anyone else wanting it? 

Because it extends my garden by 1m? Why would I not want it.  Seeing as no one backs onto my house and there is a road behind, no one is going to have any use of it.
I bought it like it and have no interest in ripping up the garden to have it match the title. 

housebuyer143

Slithery said:

Have you read...

https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land/practice-guide-5-adverse-possession-of-1-unregistered-and-2-registered-land-where-a-right-to-be-registered-was-acquired-before-13-october-2003

Thanks, honestly I tried but it didn't make it sound particularly easy. Not to say it isn't but Land Registry have a way of making things sound more complicated than they should lol

housebuyer143

babyblade41 said:

housebuyer143 said:

babyblade41 said:

You would be wise to get a solicitor, firstly you will have to find out who owns the land firstly, maybe un registered but owned by someone.

Once that has been established then a surveyor will come out to inspect any boundaries , then notice is sent to neighbouring properties who can object.

If there is a sale linked to this then the LR can expedite it but the procedures are time sensitive so it can be looked at quicker but the steps involved are time sensitive  

Once all that is done and accepted you can get possessory title 

Thanks. I can't see any issues with someone wanting to claim the wasteland. It's literally useless to anyone else. 
I imagine the developers own it as the council would not lay claim to it when I asked. 

I am selling currently, how long do you think the expedite process would take for this?

When I did this it took about 6 weeks but this was because a mistake was made by powers of attorney who did the first registration. We asked if a correction could be made but was rejected , boundary walls had been in place for about 70 years  & the only neighbour had their title up to the edge of the strip land & was correct & paper deeds loosely backed it up .

The longest bit would be evidence gathering & firstly find out who actually owns it, but get a solicitor as it can get very costly 

Thank you.. Did it end up being very expensive? I am maybe hoping that an indemnity insurance policy is the suggested course of action here.
Saying that, some of the people have lived on the street since they were built so would likely know the developer if we needed to check. 

babyblade41

Once you have secured adverse possession then if you sell then an indemnity policy will usually be the course of action

It wasn't costly for me because it was our vendors who had to get it done , but it was costly to them & they had to change solicitors as their cheap online one couldn't do it & it kept getting bounced back by LR as they hadn't filled out the basics correctly