How can the author obtain the legal title to the land they are using as a driveway? | Lawhive - Solicitors & Lawyers Online
How can the author obtain the legal title to the land they are using as a driveway?
We’ve got a driveway that runs down the side of our property and into our back garden. Looking at it, you would think it was inherently part or our property. However, we found out it wasn’t part of the property during the purchasing process. The previous owners had used it as a driveway since they owned the house (late 70s). We have also continued to use it without any issue. My question is how do we legally obtain that piece of land? As far as we know the company that originally owned the land liquidated years ago. Other properties near ours with the same plots have built fences around their version of the same land or built car shelters over it. We’d love to one day do an extension on it but can’t imagine that would be possible without ownership. Any help would be appreciated!

Jessica Nelson

19th October 2021

2 upvotes

Top Answer
If you can show exclusive use over the last 20 years, then it’s yours by adverse possession.

Timothy Fabrizio

11th February 2022

Adverse possession is notoriously tricky to establish. Consult a solicitor.

Chris Sortore

11th February 2022

2 upvotes

Assuming England or Wales. How long have you lived in this house? So this driveway is not within the boundary line on your title plan? >Other properties near ours with the same plots have built fences around their version of the same land or built car shelters over it. Ask the residents what they've done regarding taking ownership. Or are their similar pieces of land included in their title plans? It's puzzling why this driveway wasn't originally part of the plot of your house. However, I think you've got a good chance of gaining ownership. First of all, you'll need to find out if the land is registered or unregistered. See this link: https://www.gov.uk/get-information-about-property-and-land Even if you haven't used this land as your own for the required 10 or 12 years, I think you could show that there has been a 'chain of squatters.' >My question is how do we legally obtain that piece of land? You apply to the Land Registry to be identified as the registered proprietor. See the two links below: https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land/practice-guide-5-adverse-possession-of-1-unregistered-and-2-registered-land-where-a-right-to-be-registered-was-acquired-before-13-october-2003#introduction https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land

Joyce Bragg

11th February 2022

1 upvote

Adverse possession is one option, but more importantly who does technically own the driveway? Is it unregistered land or part of land that is registered? If the latter is the case, you could potentially be able to get the person who does technically own the driveway to transfer to you.

Adela Nielsen

11th February 2022

1 upvote

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