Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester for Transfer / Lease of Business Premises
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
continued from page 16 . . .
Adverse Possession of Unregistered Land and Registered Land where a right to be registered was acquired before 13 October 2003
The Limitation Period
Successive Squatters
If a second squatter dispossess the first, the second acquires the benefit of any time that had already run against the owner. However, the first squatter will retain the right to recover possession from the second, until the full limitation period has run from the date when they were dispossessed. So if B dispossesses A (the owner) in 1986 and is then dispossessed by C in 1994, A loses the right to recover possession from C in 1998 but B could still bring possession proceedings against C until 2006. One way a second squatter can show that they did not dispossess the first squatter is by obtaining a transfer of all the first squatter's estate, right or interest in the Property. However, such a transfer is not essential for the purposes of registration. Time stops running if a squatter abandons the Property before the limitation period has expired. If a second squatter later takes possession time starts running afresh against the owner.
Making an application for registration on the basis of adverse possession
The application - where the Property is unregistered
Conveyancing Solicitors and Property Lawyers should make the application on form FR1. Please note the need to attach to form FR1 a plan showing the Property if the verbal description in panel 2 of form FR1 is not sufficient to identify the location and extent of the Property on the Ordnance Survey map. It is rare for a plan not to be necessary in an adverse possession application.
In determining what class of title to apply for in form FR1, Conveyancing Solicitors and Property Lawyers should take account of the points made in section: Class of title.
Land Registry will return the FR1 to the Conveyancing Solicitors and Property Lawyers if panel 12 is not completed.
With form FR1 the Conveyancing Solicitors and Property Lawyers need to send in form DL in duplicate listing the supporting documentary evidence, together with the appropriate fee under the Fee Order and the inspection fee.
The application - under paragraph 18 of schedule 12 Land Registration Act 2002
Conveyancing Solicitors and Property Lawyers should make the application on form AP1, accompanied by the appropriate fee under the current Fee Order issued by the Land Registry.
The supporting evidence
The supporting evidence will usually consist of one or more statements of truth or statutory declarations.
If a statement of truth is used by Conveyancing Solicitors and Property Lawyers it may be in form ST1. Form ST1 is designed to provide a framework for the information that must be included with an application where the Property is unregistered or under paragraph 18 of schedule 12. Its use is not obligatory; any statement of truth that meets the requirements of rule 215A Land Registration Rules 2003 will be acceptable, as will a statutory declaration. However, using form ST1 should help Conveyancing Solicitors and Property Lawyers to ensure that nothing has been overlooked. If they do not want to use form ST1, they need to provide all the information requested by that form - such as the dates the adverse possession started and finished, the acts relied on as establishing the necessary factual possession and intention to possess, and so on.
The statement of truth or statutory declaration should be factual and, ideally, the person making the statement or declaration will use their own words rather than language copied from precedent books. The person should expressly state how the facts are known to them, if this is not implicit in the statement or declaration. Information from third parties who have observed the position on the ground but may have no knowledge of the squatter's intentions or dealings with the owner will usually carry less weight than the squatter's own statement or declaration. However, statements of truth or statutory declarations from neighbours and other third parties, sent in with the squatter's statement of truth or statutory declaration, may be useful as corroborative evidence.
. . . continued on page 18 (Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 18)
Please telephone Paul on 0161 866 8999 if you require any further information.
Ford Banks Irwin Solicitors
50 Stothard Road
Stretford
Manchester
M32 9HB
Tel: 0161 866 8999
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk
Or you can use the ENQUIRY FORM (click here).
(you may need to press control 'Ctrl' button on your keyboard when clicking on the enquiry form link if you have a pop up blocker active)
Manchester
City Centre Serviced Office - Conference rooms are also
available by prior appointment at:
Manchester
Conveyancing Solicitors | Ford
Banks Irwin Solicitors
Pall Mall Court
King Street
Manchester
M2 4PD
Tel: 0161 866 8574
Please telephone 0161 866 8999 for a free quote.
Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 1 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 2 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 3 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 4 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 5 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 6 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 7 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 8 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 9 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 10 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 11 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 12 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 13 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 14 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 15 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 16 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 17 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 18 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 19 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 20 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 21 |