Q&As

Can a tenant who believed a garage was part of their demise and used it as such for over 30 years claim adverse possession after finding out subsequently they have no right to it under the lease?

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Produced in partnership with Carl Fain of Tanfield Chambers
Published on: 30 April 2018
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This Q&A is fact specific and will depend on:

  1. •

    whether the land was registered or unregistered. In relation to registered land, see Practice Notes: Claiming title by adverse possession under the Land Registration Act 2002 and Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925

  2. •

    when the adverse possession occurred

  3. •

    whether adverse possession can be made out

  4. •

    how far away the garage is from the demised premises

If the

Carl Fain
Carl Fain chambers

Tanfield Chambers

Property and chancery practice with a focus on landlord and tenant. Work includes all aspects of commercial and residential landlord and tenant including dilapidations claims, business tenancy renewals, enfranchisement, rights of first refusal, RTM, appointment of managers and service charge disputes.

Real property disputes including mortgage related claims and in particular LPA receivers, property related professional negligence, co-ownership, easements, nuisance, restrictive covenants, boundary disputes and Party Wall Act matters.

As well as appearing frequently in the County Court and the High Court, Carl has represented clients in the First-Tier Tribunal (Property Chamber), the Upper Tribunal (Lands Chamber) and the Court of Appeal.

"Very bright, gets on well with clients and is a terrier in court" and "he's extremely knowledgeable, doesn't balk at any points and is ready with the answers." Chambers UK Bar Guide 2018 (Real Estate Litigation)

"A hidden treasure; he is very bright, good in court and with clients, and always goes the long mile without being asked."

Legal 500 2017 (Property Litigation)

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Adverse possession definition
What does Adverse possession mean?

The means of acquiring title to land by long possession.

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