Adverse possession

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One of the neighbours has claimed the title of a strip of the alley which now form part of her garden. The alley divides our property and the neighbour’s back gardens. The boundary has changed because of That. The garden of this neighbour is now attached the side wall of our property. We didn’t know anything about her adverse possession claim until now. No notice was received. Now it has caused us issues with maintenance work and access to repair or inspect our external wall, Can we object the claim now? It was done in 2012. Can we register our interest and apply restriction on the alley to be taken away by any other neighbours in the future ? What can we do now? We need to access the alley for property maintenance. Help pls
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peg

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Posted 2 weeks ago

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Adam H, Official Rep

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Peg - if they made an application to register their claim and it has been registered then it's legal advice you now need as to what legal rights you (and they) have. Our Practice Guides 4 and 5 explain how such applications are made and if you believe you have a claim to the land then these are what you would now follow.

But the key is what legal rights do you have to the land or access to it. Access to maintain your own property may be covered by legislation and unaffected by the fact that they have claimed and registered ownership. Your legal advice can confirm 
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WilliamsC82

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As an interested observer, and taking at face value the heading of Peg's question.
I am puzzled how an adverse possession claim be successfully registered without the adjacent property owners being consulted/notified,
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Adam H, Official Rep

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WilliamsC82 - two things to mention here. 1) as you are aware from previous comments on this subject every application is treated on merit and 2) we do not know the specifics involved so cannot be sure as to what considerations, actions or otherwise were involved back in 2012
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peg

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We have had the free access to the alley without any permission needed in the last 20 years so I believe we have the access right to the alley.

I have the same view as william’s - Is there any practice in the land registry to notify the adjacent property owners when an adverse possession claim is submitted ?

Since the strip of land has been granted to the neighbour , we can not install any gutters, vent above the neighbour‘s land (which used to be just an alley to share) and we can not easily access the area of the claimed land for scaffolding or repair our wall without approval. I feel our free access right to the alley and right to do to our property has been taken away and we will be in a very difficult position if the neighbour is difficult. There are too many dispute stories out there.

I am sure the neighbour had the right to submit the claim. I also would assume the land registry had sent a surveyor to check the site during the approval process, if the surveyor visit was in deed a part of the approval process, then I would question - had the surveyor think of any potential issues that might arise to other adjacent property owners if the claim is approved?

do we have to go to get legal advice on how to stop the neighbours claiming adverse possession in the future?

Or there is something we can do via land registry?

I am interested to hear your views and pls provide any further info. Thx
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Adam H, Official Rep

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Peg - the PGs I linked to explain how such applications are made and processed by us. Invariably they will trigger a site visit/survey and wider checks/notifications but that is always done on merit.
If you want advice on what rights you or the neighbour have then it is legal advice you need. 

Whilst I can understand the assumptions made, as every application is processed on merit you can't be sure so you can't assume a notice was sent or not.
You simply stated you did not receive one and you don't know if a site visit/survey took place.
If you are looking to challenge a claim or make your own claim and/or seek legal advice you need to deal with the facts including what happened when the claim was registered in 2012. As a result I would suggest you contact us with the specific details and ask us to check on what happened in 2012. You can then apply for copies of any forms/stat dec provided and ask the pertinent questions also
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Piskie

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Good afternoon, I would like to clarify that if an AP has recently been processed and I didn't make an objection, however, would I still be able to? Many thanks

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Adam H, Official Rep

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Piskie - not if the registration has been completed but you can contact us at anytime to enquire/raise concerns. We’d then respond as appropriate based on the specific details involved