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Adverse Possession

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lewis&cherie | 10:45 Wed 10th Oct 2007 | Property
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I believe that you can use the years of the predecessors usage towards the 10 years to claim adverse possession.

It is for some land behind my property of which I have tried everything to get in contact with the owner, but with no luck. I have been told that he moved away from the area 20 years ago and has never come back.

The previous owners of my property and the owners before them used and maintained the land (kept it tidy) and there is already a fence in place marking the boundary of this land.

Does anybody know how I can prove this when I send in the adverse possession application to the Land Registry? I'm not sure that I will be able to get hold of the previous owners to speak to them about it.

Is it just a case of the Land Registry contacting the previous owners and asking them for their word or do they just visit the land and make a decision from that �???

If anyone has had any experiences of this, any help would be appreciated�Thanks very much.

PS If I continue to use this land as the previous owners of my property have and someone disputes it or causes a fuss can they get us into trouble? Thanks

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Looking at this question and your earlier one together it is most unlikely that any claim now for Adverse Possession will succeed. One essential requirement (and there are several) is that the land is fenced off to the absolute exclusion of the owner. The easement defeats this. Although it has not been used for many years it does not mean that it has been abandoned. You could block it off each end, but that is not enough as a simple court order would open it again. Your only hope is to go to court for an Order that it the easement is obsolete, the Land Registry will only remove it with a court Order. The ten years before submitting an Adverse Possession claim will start from then.

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