SBT Issue 436

Page 14

How can I claim ownership of this land? A guide to Adverse Possession and First Registration. By Carrie Elliott, Mayo Wynne Baxter Have you occupied

Legal

a piece of land for so long that you now consider it to be yours? Or

perhaps you believe the land is in your legal ownership, but it has never been registered at Land Registry and you have lost the original deeds? It is possible to claim ownership of land and register the title at Land Registry so long

Adverse Possession means to occupy

the land (i.e. you have fenced it

the intention of treating it as your own.

maintenance such as cutting the

land which may belong to another with Unregistered land is that which is not

currently registered at Land Registry as being under any legal ownership. If you do currently occupy an unregistered

grass and hedges.

• You have not ever paid any rent for the land.

piece of land which you feel is rightfully

It is very important that you have met

as such at Land Registry if you meet at

and for at least the last 12 years

yours, it may be possible to register it least the following criteria:

as certain conditions are met.

• You have possessed the land to the

Adverse Possession of Unregistered Land

• You have shown intention to possess

14 www.sussexbusinessgroup.co.uk

in some way). and you carry out

exclusion of any other party, without objection or consent.

the above criteria openly, continuously except in the case of land owned by a public body (e.g. a council) where the period is 30 years.

If you believe you have met the criteria, then the next step is to contact your


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