FR1 questions / joint mortgage though divorced.

Hi all. 

 

I am applying for Adverse possession of a small amount of unregistered land, to the rear of my property.   (It would be freehold ) 

A few years ago I purchased a small amount of land NEXT to this, when it was offered to me. (freehold and in my sole name) 

LR has asked me to add my ex husband onto the FR1 form.  My ex husband has agreed for his details to be added to this Adverse Application with the land attached to the main home which is LEASEHOLD. 

 

I’m stuck on several issues which are :-

 

1. My ex remarried in 2015 and we have still yet to settle financially.  Would it be more advantageous for me to claim Adverse Possession in my own name and not attach the land to the main home?   …and less complicated?

 

2. What form would I need to apply for adverse possession in my sole name ? I doubt this is possible due to it being a joint mortgage…?

 

3. I am hoping to sell the main home with the land, within the next year or so. I don’t want the land after this.  I really like to merge all the land and sell it with the house. 

 

4. On the FR1 form I now have to X a box in panel 9.   I am unsure which box to tick. 

 

Having come this far, I don't wish to give up on this, though I am getting a tad perplexed that I might ultimately need to seek legal guidance.  Thank you in advance for any guidance.

Hi Jackie - the complexity of the purchase, claim and your owning a leasehold title does suggest legal assistance is required
1. I'm unclear as to when we told you to include your ex - have you already applied perhaps or did you enquire? If you are claiming the land yourself then it would only be an application in your name. Having two names doesn't make it more complicated
2. The form would be the same whether in sole or joint names - Adverse possession of (1) unregistered land and (2) registered land where a right to be registered was acquired before 13 October 2003 (PG5) - GOV.UK
Your having a joint mortgage on the registered title doesn't impact on your claim for the unregistered land
3. You won;t be able to merge/amalgamated the land with your leasehold title for example. Only possessory title is likely to be awarded re the claimed land and you can't amalgamate that or indeed the freehold other land to a leasehold title
4. Panel 9 of form FR1 may not be required if only you are applying. However if you do apply in joint names then please see section 3.10 on how to complete form TR1 for assistance - Guidance: how to complete form TR1 - GOV.UK

Thanks for your kind reply Adam.

 

Yes, I have already made an application. I indicated that I wanted the additional land attached to the main address (leasehold ) .  I'm afraid I didn't fully understand the implications of this, hence, LR has asked me to add my ex husband to the FR1 as he is on the deeds too.  How would that work out come time to sell? 

I will need to sell the main property in time. Having the additional land as officially mine, undoubtedly makes the whole property more appealing to a potential buyer. 

Perhaps the answer is to simply claim the land for myself, and later merge it with the other small piece of land ( I purchased)  in time.   Then, Mr Hall details would not be required as requested in the letter from the LR   (letter dated 14th October…requesting a speedy reply ) 

If I were to claim it as an individual, what are the chances of acquiring Absolute title, which I have with the land I purchased?  I'd be happy with Possessory though! 

Jackie - we aren't involved in the selling process so very much a Q for a conveyancer. 
If you are uncertain as to the impact of your application and including your ex then please do seek legal advice. 
Claiming land is a very complex area of the law and it's the legal requirements that come first.