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Can I claim adverse possession?
Comments
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Should there be some more wording there? Or a picture if the plan?If the garden is divided front/back then there is usually also a right of access for the back section over the front - it would be unusual for any sort of trespass to be involved in the access.🎉 MORTGAGE FREE (First time!) 30/09/2016 🎉 And now we go again…New mortgage taken 01/09/23 🏡
Balance as at 01/09/23 = £115,000.00 Balance as at 31/12/23 = £112,000.00
Balance as at 31/08/24 = £105,400.00 Balance as at 31/12/24 = £102,500.00
£100k barrier broken 1/4/25
Balance as at 31/08/25 = £ 95,450.00. Balance as at 31/12/25 = £ 91,100.00
SOA CALCULATOR (for DFW newbies): SOA Calculatorshe/her0 -
This is the land reg and title plan I think it’s clear although right of access isn’t?
for upstairs 0 -
You need to read the lease to find the right of access.0
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There looks to be a track along the back of the gardens, so they could access it without going through yours, but it would be a long walk round to get there.1
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Is there anything in your title about allowing them access though? it’s not inconceivable that it is only noted on your title.🎉 MORTGAGE FREE (First time!) 30/09/2016 🎉 And now we go again…New mortgage taken 01/09/23 🏡
Balance as at 01/09/23 = £115,000.00 Balance as at 31/12/23 = £112,000.00
Balance as at 31/08/24 = £105,400.00 Balance as at 31/12/24 = £102,500.00
£100k barrier broken 1/4/25
Balance as at 31/08/25 = £ 95,450.00. Balance as at 31/12/25 = £ 91,100.00
SOA CALCULATOR (for DFW newbies): SOA Calculatorshe/her0 -
No nothing in my title about allowing them access.EssexHebridean said:Is there anything in your title about allowing them access though? it’s not inconceivable that it is only noted on your title.On another note, I asked the seller to let me know how much the freehold would be as I think I have first to right refusal. I didn’t hear back and noticed it went on the market a couple days ago with the freehold. Are they supposed to serve me a formal notice offer to the freehold?0 -
There’s just my flat and the flat above in the building. The owner of the flat above died a few years ago and the executor is selling the property.0
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Have you read everything in their deeds? No reference to a right of way to their garden?mizzbonita said:This is the land reg and title plan I think it’s clear although right of access isn’t? for upstairs
If there isn't, I think they'd struggle to enforce access through your garden, because (a) the current or previous owners don't appear to have done so for probably decades (do you have photos of the overgrown state it was in before you tackled it? Try historic Google earth too.), and (b) they do almost certainly have separate access out t'front, down t'road, down t'alley...
How you play this is up to you. If these are nice folks, and you get on well, first see if they have an interest in the garden. If 'yes', then explain the situation - how you rescued it from being a jungle, although you do understand it's allocated to the upper flat. Then gently add that - surprisingly - there is no RoW through your garden...
Then it's up to you. If you really like them, you can suggest you're ok with them going down, say, the LH side of your garden, as long as you are. But they need to be aware that you are giving 'permission' for this, with the implication that it can be withdrawn at any point - say if your garden design plans change (always a good excuse...).
Do the sales particulars mention this garden? Have you seen folk being shown around yet? Seen anyone in that garden? If so, how did they get there?!0 -
Have you looked at the leases? It would be helpful if we could see those.mizzbonita said:
No nothing in my title about allowing them access.EssexHebridean said:Is there anything in your title about allowing them access though? it’s not inconceivable that it is only noted on your title.0 -
I haven’t had a chance to read through the lease and deeds properly. I will do that later and post, thanks.I do have lots of photos of how it looked before and the work that was done at each step. It was literally so badly overgrown you couldn’t even get into the garden let alone the back which had a tree and brambles etc.
The property advert does not mention a garden.1
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