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Posted Fri, 17 Nov 2023 12:11:20 GMT by Philip Catlow
Hi   Would an application for adverse possession using schedule 6 and/or 12 para18 be in any way compromised by first contacting the freeholder with an  offer to buy.This would acknowledge their ownership.My understanding is this would only be true for unregistered land possessed for less than 12 years.(PG5 para 3.3) but I want to be sure. Thanks
Posted Fri, 17 Nov 2023 13:18:32 GMT by Adam Hookway
Hi Philip - it's not really something we should answer as it's very much legal advice you require here not just with regards the LRA 2002 but also the legal requirements re adverse possession, which always come first.
I'm not aware of how such an approach would compromise the claim providing of course the facts to support the claim had already covered the essentials and timeline as explained in both the complex law around such claims and our PGs 4 and 5 as appropriate.
Logic suggests to me at least that you wouldn't be approaching the landowner before the time period had passed
 
Posted Fri, 17 Nov 2023 17:32:21 GMT by Philip Catlow
Sorry about that and thanks for the reply. I have read PGs 4&5 over and over but sometimes  I'm still not sure I've got it right.
Posted Sat, 18 Nov 2023 06:35:59 GMT by Adam Hookway
Philip - it's a very complex area of law and just as complex from a registration perspective also. And as a result it can be very difficult to understand the pitfalls and more.
My advice is to always tackle the legal requirements first, namely have you done enough to satisfy the law that you have taken possession of the land. That is the absolute key here as if you have then the application is more of a process whereby you explain in your statement of truth the facts that prove you have done so.
Referencing or thinking about approaching the actual landowner suggests there is some doubt over having met the legal requirements although I do appreciate there can be wider reasons for doing so, not least a complicated and perhaps expensive process and more besides.

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