the houses we found that a substantial part of one of the gardens <p></p><p> was excluded from the seller&amp;’s registered title. The seller states that he has tended the garden for more than 15 years. If I obtain a statutory declaration from the seller, could I then register possessory title to the land myself, or is this the responsibility of the seller?</p><p> A statutory declaration to the effect the seller has simply tended the gardens for 15 years will be insufficient to enable you or the seller to back up a claim of possessory title. The onus is on the seller to prove in his statutory declaration that: </p><p> (a) his use of the land over the past 12 years or more amounted to his having taken possession of it and that this was without the owner&amp;’s consent; and</p><p> (b) during that period he intended to possess the land at the exclusion of the owner.</p><p> The factual information to include in the statutory declaration will depend on the circumstances of the case. Does the seller know who actually owns the missing land? (We recommend you check this with the Land Registry who will know the true owner&amp;’s details if the …