Does Adverse Possession rights move with purchase

J

JML123

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Hi,
We are look at purchasing a property that has a piece of the garden not included in the title. Current owners incorporated into this garden by moving the boundary.
If we purchase the property does the amount of years they have taken possession of this count if we want to apply for adverse possession or does the clock start again for us?
Thanks

Please move this to mortgages if its deemed not suitable here as couldn't decide which was more suitable.
 
Adverse possession is where somebody takes over the land of somebody else and has it uninterrupted for 12 years - and can then be granted title.

Its not clear whether the garden actually belongs to X or whether it just was not properly identified on title that Y (your seller) has.

Unless they have acquire the title (after the 12 years) you won't get it on any transfer as they don't seem to have secured it.

If the current occupier has had it for 12 years it is clear that X cannot get it back. If Y has it for 10 and you occupy for 2, I am not clear on the position. I still think X would fail if he acted after 12 years. This would be based on Section 18 Statute of Limitations. It doesn't actually say that Y needs to occupy himself for 12 years as opposed to somebody being in possession, other than X. That means that if nobody was 'on' the land, then that isn't part of the 12 year period.

18.—(1) No right of action to recover land shall be deemed to accrue unless the land is in the possession (in this section referred to as adverse possession) of some person in whose favour the period of limitation can run.
 
Yes. The Statute is cumulative, so you can rely on the sellers possession. The usual form of passing it on is to convey "all their right, title and interest" in the property
 
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