quote:

Originally posted by TommyP:
Unfortunately, the information you have given is a little confusing.

sorry!! I'll try to elaborate...

Are all 3 of the outhouses clearly within the boundary of your property? (i.e. on the ground/in reality)

yes they are -they actually come off the back of our house...

You state 'in practise had been used by them and the previous owner'- is that the sellers or the neighbours?

oh, sorry - the current owners and the previous owners!

Also- how long is 'for a while'?

they have been living there for three years, so I'd be able to say that quite safely. I don't know if it's the 12 or so needed for squatters rights. I had hoped they'd elaborate on this form!

On the boundary plan, 'the redline goes neatly round the outhouse that isn't ours'- does that mean that the outhouse is included within the boundary line or that it is excluded?

it's excluded - the line includes the other two and then loops round this one, excluding it from the plan.

The term 'maintenance/storage' is confusing as the neighbours may need access to your property to maintain their boundary but 'storage' is inconsistent with that idea. Can you elaborate on this please?

well we don't know what's in the outhouse but if a new neighbour suddenly turned up and wanted to use it, I guess they would need access for both? The door to it is on our property, so any use at all would mean coming into our garden.

More information would be of assistance.

hope this makes it clearer. Thanks in advance for any help!!

quote:

Originally posted by TommyP:

Although they may be at the back of your house, your comment below states that the outhouse is clearly excluded from your title and therefore it is fairly safe to assume that the outhouse would be within their title- although this can only be stated with certainty by inspecting the registered filed plan to their title- if the title is registered your solicitor can obtain a copy or your can download one yourself from the land registry website for a payment of £2.00.


I think you are confusing the issue slightly. Squatters rights relate to the possession of property and if the outhouse is within their ownership then this will obviously not apply. What I think you may be referring to is the necessary easement (right of way) over your property to gain access to their outhouse. If this is not mentioned in section C of the registered title (the Charges Register) then you must inform your solicitors as this must be disclosed by a purchaser when the registration application is sent to the Land Registry following your purchase. Also, ask the solicitor to send a 'disclosable overriding interest questionnaire' to the sellers for completion and this should then give details of the right over this property. I think the answer given in the Seller's Property Information Form' was incorrect and again this should be discussed with your solicitor to raise further enquiries.

Thank you
Although if the sellers have been using it unchallenged for 7 or so years then am I right in thinking it may now be theirs to transfer?

As above, the outhouse will clearly not fall within your ownership following purchase. The sellers cannot transfer what they do not own.

As stated above there appears to be an easement to access the outhouse. You have however confused me again- 'access for both' what?

access for both storage and maintenance

quote:

Originally posted by jakkijax:

Although if the sellers have been using it unchallenged for 7 or so years then am I right in thinking it may now be theirs to transfer?

No. Where property is registered, adverse possession can be claimed following 10 years of possession which is adverse to the ownership of the registered proprietor. After that period the possessor may apply to the Land Registry to have the area in question registered in their name. However, on receipt of an application the Land Registry will write to the registered proprietor (RP) to inform them of the application. The RP then has 2 years within which to reclaim the land. Following the 2 years, if possession has not been reclaimed then the possessor can then re-apply to the Land Registry to be registered as the proprietor of the area in question.

If the area is unregistered, then the adverse possessor only has to evidence 12 years possession to be registered.

There are also transitional proceedures relating to land that has been possessed during where it has since been registered.


access for both storage and maintenance

The easement would probably be for both.

ARY - Oh there's no way I'd try to sort this one out myself - I just like to know what is going on and how these things operate.

I think I just need to set my mind at rest - I have since been told that the outhouse which is technically the neighbours is actually an old rubbish chute/storage place, but hasn't been touched for so long as the bins are collected from the front now and have been for years! So I guess the need for the easement has gone. I have never lived in a terraced house either, and people are now telling me it's quite usual to have access through each other's gardens and things.

So although it would be great if we could assume ownership of the outhouse, I guess it's no great shakes if we can't.

Or is that crazy of me?