Adverse possession
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Discussion

Cider Andy

Original Poster:

1,889 posts

254 months

Sunday 21st March 2021
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If someone applied for possessory title of registered land in the 1980s via adverse possession, would their application be registered or archived somewhere? And would I be able request a copy of it?

Edited by Cider Andy on Sunday 21st March 09:17

williaa68

1,540 posts

195 months

Sunday 21st March 2021
quotequote all
I think so yes. If they have successfully asserted a right of adverse possession they will be registered as the proprietor of the title. I haven't a clue how it works if the title is unregistered land but even in the 1980s that's a very small percentage of English property. The law changed in the early 2000's to make it harder.

Cider Andy

Original Poster:

1,889 posts

254 months

Sunday 21st March 2021
quotequote all
Thank you. The land in question was registered (as opposed to unregistered). It's not registered in my neighbour's title and remains part of my title (as the neighbouring landowner). That would suggest that a) they never applied for possessory title, or; b) they applied and were refused. It's whether they applied and whether there is an available record of that application that has come into question. And if it was scenario (b), where should I go looking, local Land Registry?

hopeydaze

318 posts

179 months

Sunday 21st March 2021
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Do a search online at the Land Registry. It’s very quick and cheap enough. Make sure you go to the official Gov.uk site.
That’s a good place to start and then go to your favourite lawyer for proper advice.

Cider Andy

Original Poster:

1,889 posts

254 months

Sunday 21st March 2021
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Thanks hopeydaze. I'd already checked there and the title plan and register are the only documents available.

anonymous-user

83 months

Monday 22nd March 2021
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My wife bought a house a few years back, found the garage was built on 'council land'. Delayed the sale. land was inspected, it was obvious the garage had been there for any years, so no problem and my wife's title to the land was registered.
The lawyer said at the time there was some resrtiction to my wife's tite, I can't remember what it was, but if she sold then the new owner would get an unrestricted title.