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Adverse possession over unregistered land where neighbours have access rights

26 replies

ErlingHaalandsManBun · 24/07/2025 11:04

I am not sure if I am posting this in the right place or whether I should have put it under legal but thought I would try here first.

We are selling our house, an end terraced cottage which has an unregistered road/single track that runs from the road in front, to the side of our house and along the length of the back of it, and along the whole row of houses, and out the other end and back to the road. All the houses in the row have access over that unregistered land which is clearly stated in all our title deeds for each house.

Our buyers want us to claim adverse possession over the section of land directly to the side and the back of our house because we have been using it as ours for the last 13 years. Although we have been, but so have our neighbours, as they have been using it to access the road, put their bins out, get gas bottles and logs delivered etc.

So can we even apply for adverse possession when our neighbours have access rights?

I am not sure we legally could even do this or even if its the right thing to do.

We have never had any issues sharing this access in all the time we have lived here but our buyers have a bit of an issue with it, hence wanting adverse possession.

Anyone dealt with anything like this before?

OP posts:
MH0084 · 28/07/2025 15:24

The insurance policy would be invalid if the insurance company finds out they lied on their Statement of Truth. And if I go and make a claim on this policy knowingly they lied, then, I could be also held liable.
And yes, I have proof they lied - all documented with emails among neighbours with photos and so on.

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