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Claiming land we have maintained (Read 25285 times)
allybabe273
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Claiming land we have maintained
Feb 4th, 2009 at 9:04pm
 
All help appreciated with this one!

We live in an end terraced house and there is a strip of land at the side of our house adjacent to it.  We have maintained this land for over 4 1/2 years, and was maintained by the previous owners for 24 years due to agreement with the residents association 30 years ago.

Is it true we can claim this land as we have maintained it for more than 3 years?  I have tried going through my lawyer for this to no avail and really want to increase the size of our garden which would help us maintain this land.

The land consists of shrubbery and trees and runs from the front of our house to the bottom of our garden, it is about 5 foot in width.

thanks
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everyonesfavouriteposter
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Re: Claiming land we have maintained
Reply #1 - Feb 6th, 2009 at 1:29am
 
The prescriptive period for obtaining land by possession is 20 years.

What do the title deeds to the property say? Are you certain that the strip of land is excluded from the property?
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allybabe273
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Re: Claiming land we have maintained
Reply #2 - Feb 6th, 2009 at 9:22pm
 
Thanks

Yes checked the deeds and it's definately not included.
Does the 20 years count for us and the previous owners?  They bought the house from new build and stayed here and maintained the land for 24 years, we've been here 4 years 6 months.

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Re: Claiming land we have maintained
Reply #3 - Feb 7th, 2009 at 12:29pm
 
If they maintained it for 24 years, and did not do this is a covert manner, then they will have acquired the strip, and the title to transfer that strip to you.
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Re: Claiming land we have maintained
Reply #4 - Feb 7th, 2009 at 2:10pm
 
EFP - I'm not sure thats correct (but I haven't looked at conveyencing since 2003 and the position may have changed), I thought that in order to obtain title to land  from use, you had to register an anon domino (?) title and then exercise ownership rights for the perscriptive period?
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Re: Claiming land we have maintained
Reply #5 - Feb 7th, 2009 at 3:29pm
 
You could be correct about the registration, I do not know off the top of my head. What I did know off the top of my head was ss.7-8 of the Prescription and Limitation (Scotland) Act 1973.
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