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Posted Wed, 25 Sep 2024 06:20:27 GMT by Rebecca Jones
Currently in the process of buying a property. A small part of the garden is under a different title and does not belong to the current owner. The current owner has owned the house for 15 years. The current owner has not lived in the house personally but rented it to family/private rented over the past 15 years. Is it possible to prove adverse possession even though they haven't lived there personally. They are unlikely to have photos etc of the boundary fence being in the same place.
Posted Wed, 25 Sep 2024 07:32:07 GMT by Adam Hookway
Rebecca - simple answer is we can't say at this stage without a specific application being made. It's the conveyancer who needs to consider the legal requirements and whether they have been met before the registration requirements come into play.
Photos are rarely important as it is a statement of facts upon which such claims rely. We would then, if the facts were deemed sufficient, then request a survey/site visit to look for our own eyes so to speak anyway.
Very much something you should speak to your conveyancer about with regards what's legally required by the seller to prove their legal ownership
Our PGs 4 and 5 explain the registration requirements and some of the 'essentials' involved but please do rely on your legal advice as it is a very complex area of the law. Land registration: Practice guides - GOV.UK (www.gov.uk)

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