• Strip Of Land Adjoining Property

    By Guest on 15th Jan 2016

    a strip of strip of land adjoining her property. Your client tells you
    that she does not actually have any title deeds for this land. She has, however, had full and uninterrupted use of
    the land for over forty years, and in fact fenced it off some twenty-five years ago.How would this effect buyer?what else would the buyer need?what title would th eland registry grant?

  • 3 Answers

    By Guest on 20/01/2016

    The buyer would need a statutory declaration from the seller setting out the the circumstances surrounding her "acquisition" of the land. It would need to show both an intention to possess and factual possession which must have continued uninterrupted for at at least the last 20 years. The use of the land must have been without consent or payment and must have been exclusive and not in secret. The buyer can yhey applied to be registered as the owner following completion. This assumes the land claimed is unregistered. If it is registered the situation is more difficult. The buyer will probably also want indemnity insurance. The land registry, if it grants any title, will grant possessory title

  • By Guest on 20/01/2016

    what is the situation if the land is registered?

  • By Guest on 20/01/2016

    First I need.to cirrect a typo in my last response. The period for which the claimant must be in possession is 12 years, not 20. If the land is registered then the first thing to establish is whether the claimant has enjoyed uninterrupted possession for at least 12 years prior to the coming into force of the Land Registration Act 2002 on 13th October 2003 and has continued in uninterrupted possession since, so in other words has the claimant been in possession continuously since 13th October 1991? If yes then the same rules apply as would apply if the land were unregistered (see above). Otherwise the new rules apply which means that an application can be made after 10 years' possession but the land registry will serve a notice on the registered proprietor and if he or she objects that will defeat the claim. It may not be possible to insure in this situation and the only solution may be to purchase the land if indeed the owner is prepared to sell

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