• Freehold For Leasehold Land

    By Guest on 08th Jan 2015

    We own a freehold property and with this there is a piece of garden which is leasehold. The leasehold land does not have any access except via my house as part of my extended garden.

    Absent Freeholder – no annual rent has been collected for over 30 years since the lease was granted. I have tried to contact the freeholder of the leasehold land. I have sent letters to the named person as per the registered leasehold. There does not seem to be any-one or survivors alive as the letters come back with “not known at this address”.

    Can I apply for absolute freehold under adverse possession 15 year rule? I do have leasehold papers for the garden.

  • 1 Answers

    By Guest on 08/01/2015

    The short answer is no. For the purpose of an adverse possession claim time does not run against the landlord until th term of the lease expires. It doesn't matter that the rent has not been paid. I am assuming here that you are the registered proprietor of the leasehold interest. If not the. You can apply for possessory title of the leasehold interest. For the freehold, you will need to wait for 10 years after the lease expires to apply.

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