Successful purchase of land following Agriculture and Estates Partner’s knowledge

A developer intended to purchase an area of land required for development. However, it later transpired that the majority of the land had been registered in favour of the seller – based on adverse possession. However, a critical part of the land had been omitted from previous applications on the basis that it was more akin to an accessway.

In order to prepare for the sale, the seller’s solicitor applied to have the land registered in his client’s name, again on the basis on adverse possession. The Land Registry refused the application, citing the fact that it was, as had previously been considered, no more than an accessway.

The developer approached Agriculture and Estates Partner Derek Walsh to see if there were any other options available. Following his review of the earlier applications and the history of the land, Derek identified a number of issues that could have been included in the previous application in order to satisfy the necessary tests for adverse possession.

He submitted a further application to deal with queries raised by the Land Registry’s legal department.

The Land Registry agreed with Derek’s analysis that the land had been adversely possessed for the requisite period and registered the land in favour of the seller. Derek’s client subsequently purchased the land from the seller and the development went ahead with this critical piece of the jigsaw in place.