Adverse possession again!

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Joined: Fri Jul 02, 2010 12:49 pm

Adverse possession again!

Post by Jollyjack » Fri Jul 02, 2010 2:39 pm

Hi all,
Simple question I hope. Can adverse possession be taken in the name of a group, in our case a residents association, or must it be taken by an individual?

Full story. We have just had the sale of a house fall through because of "faulty title".
We own a house amongst 5 others converted from a set of old stable blocks. Included in the sale when we bought the house was the communal use of car parks and gardens. Unfortunately a small parcel of land at the rear of the houses and communal areas was missed from the original title or the conveyance.
The land in question cannot be accessed by anyone other than the owners of the six houses above and has been used by them quite amicably for over twenty years.
The original builders who converted the stable blocks have long ago disappeared as have all other parties in the transaction / conversion.
So, we are deadlocked at the moment, any thoughts on where we go from here?
As a general rule I do not approve of adverse possession, considering it legalised theft but in this case can see no alternative.
Conveyancing solicitors are involved but "things grind exceeding slow" as they say!

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