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Old 2nd March 2021, 09:35   #6
Steamdrivenandy
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Thinking on

Join Date: Oct 2020
Location: Madeley, Staffs
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We moved into our current house in August 2020. It's the end property of a set of barn conversions made in 1995. There's a road on one side with a strip of land about 10ft wide. When you look on the original plans that strip wasn't included in our plot, which seems strange given no other property adjoined it and I can't see why the developer would not have included it in our plot, unless they actually didn't own it.
If they didn't own it then it might still be owned by the farming family who sold the whole site. But why would they keep a small strip of land that is of no use to them? It's more likely that they were not sold that strip when they purchased the farm in the 1930's, in which case the strip is owned by the Duchy of Lancaster, or put another way HM Queen Elizabeth ll. If it wasn't sold to the Duchy then it remains a part of the Crewe Estate which was effectively broken up early last century when the last Lord Crewe died without heir.
So, as I believe the rules surrounding adverse possession now require the claimant to give the owner 6 months notice so they can take possession and tend the land, I wonder how you can when you don't know who owns it.
Land Registry don't seem to recognise that the strip exists and the developers say they have no record about the development. Four previous owners of the house have treated the strip as part of the garden, although there are post stumps in places showing that at sometime it was fenced off from our garden.
One other thing about adverse possession. Is the 12 year right a personal thing or does it reside with all owners? In other words do I have to tend that strip for 12 years or do the previous owners use for the last 26 years count?
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