Selling Property and part of my front garden and driveway is unregistered land

CuteBunny

I will speak to them to find out the details.  Thank you again.

Yorkie1

Just remember not to contact the council directly, if you want the option of indemnity insurance to still be available.

newsgroupmonkey_

I thought that as long as the 12 year rule was followed, any owner could claim adverse possession, provided you could prove it (Google photos etc.)?

unforeseen

newsgroupmonkey_ said:

I thought that as long as the 12 year rule was followed, any owner could claim adverse possession, provided you could prove it (Google photos etc.)?

I don't think it's possible to claim AP if it part of a public highway as you and everybody else has the right to use it already

Section62

newsgroupmonkey_ said:

I thought that as long as the 12 year rule was followed, any owner could claim adverse possession, provided you could prove it (Google photos etc.)?

If you could AP highway land then you'd own it, but the land would still be highway so the highway authority could take action to stop you doing anything with the land which interferes with the public right.

However, AFAIK an AP claim on highway land wouldn't be accepted by Land Registry on the basis of the outcome of R (Smith) v Land Registry [2010] - in essence it would be a bad thing on public policy grounds for people to be able to AP highway land.

incus432

We had nearly exactly this issue when selling a few months ago.  Although we had always believed the driveway from the road was part of our land and it had not come up when we bought 18 years before, the buyer's solicitor insisted it wasnt. 

The Solution was (us) buying an indemnity policy ( solicitor sourced - cost 650) and signing a Statutory declaration witnessed by an independent solicitor (cost £10).  Annoying but small beer in the grand scheme of things and not worth jeopardising a sale over.