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Anyone know anything about adverse possession/adoption of land?

2 replies

IheartHarryStyles · 11/09/2020 15:42

We have a property that when we purchased just over 17 years ago we were told a bit of the back garden had been adopted from the local council.

Essentially behind the property there had historically been a back lane type affair that led to nowhere, the whole street had ‘adopted’ the bit outside of their house and extended the garden. We were told the council had been in agreement as it meant they didn’t have to maintain it and so long as a thin strip for access was left they were, in general, not that arsed.

Our solicitor certainly didn’t bill it as a show stopper so we proceeded with the purchase.

We’re now selling the house and of course it has come up on the buyers searches. Interestingly on the land registry pic it appear that one NDN has a garden that includes the adopted land and one doesn’t. However in real life everyone in the streets back gardens fences are in line with each other.

I’m trying to contact our solicitor but in the meantime, any ideas as to where to go from here? Pic attached.

Anyone know anything about adverse possession/adoption of land?
OP posts:
Lonecatwithkitten · 11/09/2020 17:36

What has your solicitor advised you. I have done it, but a solicitor missed it in the searches and so their costs (£3.5K in 2008) were covered by their professional indemnity insurance. The contentious piece of land had been continuously enclosed and could be documented as such since 1959 we had to pay for the previous owner to provide a notarised statement to this effect.

IheartHarryStyles · 11/09/2020 17:55

I haven’t managed to get in touch with them yet. Unanswered email/not picking up phone and full VM inbox Angry

OP posts:
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