Practical Law may have moderated questions and answers before publication. No answer to a question is legal advice and no lawyer-client relationship is created between the person asking the question and the person answering it. Where appropriate, you should consult your own lawyer for legal advice. Practical Law's employees are not practising solicitors or barristers. The Ask scope and rules apply.
Would a successor have a claim for adverse possession of an allotment where rent has not been demanded or paid?
Resource type: Ask
Published on 06-Mar-2017
My client wishes to make an adverse possession application for a piece of garden ground adjoining their property.
The issue I have is that my client's parents who previously owned the property paid rent to the council under an allotment agreement. I do not have a copy of this agreement but have seen invoices referring to it. No rent has been demanded or paid since 2003.
The Land Registry have indicated that it needs to be shown that any agreement has come to an end otherwise the client's possession is not adverse and their application is likely to fail.
Do you have any views on this, bearing in mind the lack of demand or rent payment for over 12 years?
Anonymous (Private practice)
Please click the button below if you have Practical Law enabled OnePass account. If you have forgotten your OnePass credentials click the button below to reset them.
Please enter your Practical Law username and password below if you do not have Practical Law enabled OnePass account.
Request a free trial
To access this resource and thousands more, register for a free, no-obligation trial of Practical Law. Register using the button below, telephone +44 (0)20 7202 1220 or e-mail firstname.lastname@example.org.
A free trial will give you:
Unlimited access to Practical Law online know-how
Thousands of market standard documents and clauses
Daily alerts and weekly update e-mails on key legal developments in your practice area