Property Dispute Litigation Frequently Asked Questions

We deal with an array of issues and matters that arise from property ownership and possession, here are three of the most common points upon which our advice, and if necessary representation is sought:-

Can you claim land as your own if you maintain it?

In general it is possible to claim what is known as “adverse possession” if you have been occupying/using land that you do not own, rent or have express permission to use, provided it has been continually occupied by you or a previous owner for in excess of 12 years without any objection from the registered owner.

Can you claim unregistered land as your own?

You may own property, land or both that despite being legally owned by you is not registered with the land registry as yours. This could be that the area in question has not be transferred, bought or sold ever since it became compulsory to register in your area; or it could be that there was a mistake when land registered to you was originally registered and land was excluded from the title plan. In either case an application to the land registry is necessary. Following receipt of the application the land registry would then notify surrounding land owners to ascertain if they have any objection to your application.

Does the Land Registry title plan show the actual boundary of your land/property?

Disputes over boundaries are very common but are far from straightforward. A boundary feature can be a fence, wall, hedge, ditch, piece of wire or sometimes even just the edge of a driveway. The title plan for your property, and that of your neighbour does not tell you exactly where your legal boundary is. The registered title and plan has only a general boundary. Involving a surveyor, coupled with legal advice can assist.