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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I have just received a letter of claim to vacate 7 acres of

Customer Question

I have just received a letter of claim to vacate 7 acres of land adjoining my property which i have occupied since 1981 without the consent of the local authority whose solicitors have now served me notice by recorded delivery letter dated 14th March which i have only received today. This letter gives me until 4pm on the 4th April to surrender our occupation. Is this in accordance with the Civil Procedure Rules or should i receive a longer time to reply. They rely upon Notice to Quit served upon me on 19th January 2004 expiring on 29th September 2005 which my barrister said at the time was incorrect and they have taken no action since that date
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, my name isXXXXX will do whatever I can to help you today.

What would you like to know about this from me today?
Customer: replied 3 years ago.

I need to know firstly if the notice to surrender my occupation of the land within 21 days of the date of the letter (14th March 2013) with the threat to issue and pursue court proceedings is a valid time scale within the Civil Procedure Rules.


Secondly i would like to know if the plaintiff can make me as defendant pay money into court against the plaintiffs possible costs prior to any court action

Expert:  UK-Justice replied 3 years ago.
Yes you should be given time to vacate.

As this is an encroachment rather than a dwelling the law requires reasonable notice.

This is accepted as being 14-28 days.

So yes the notice is valid. There is no prescribed form as long as the intent is clear.

No, the claimant can not make you pay funds into court, if you are defendant who is an individual.

If there you have any questions or if I can help you with anything else please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your concise and quick reply.


I need to ask you other questions about the same land but it will take me 20 minutes or so to compile.Is that ok?

Expert:  UK-Justice replied 3 years ago.
Sure
Customer: replied 3 years ago.

My property adjoins the 7 acres in question and i have had a field gate leading from my property into the 7 acres since 1981. I have regularly turned out 3 horses to graze on the 7 acres. Could this give me a prescriptive easement to graze horses (the land is unregistered) as opposed to a claim for adverse possession? also the owners of the land the local authority applied for the 7 acres together with other land and obtained planning consent in 2012 for public open space. Would this give me a right to go on the land with horses or to graze them

Expert:  UK-Justice replied 3 years ago.
No.

There would only ba a right on common land.

So I am sorry to say no

If there you have any questions or if I can help you with anything else please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Does you reply also relate to the fact that i could not claim a prescriptive easement since 1981?

Expert:  UK-Justice replied 3 years ago.
Correct.

You have a perceptive right of way., but that's it.

If there you have any questions or if I can help you with anything else please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

sorry to be a nuisance but does your expression perceptive right of way mean prescriptive right of way

Expert:  UK-Justice replied 3 years ago.
Forgive me yes, damn spell check!
Customer: replied 3 years ago.

If we have a prescriptive right of way would that cover us for going on the land with horses as we have done for the last 32 years

Expert:  UK-Justice replied 3 years ago.
No. Just a right to cross the land.

Not to stay or leave anything upon it.

If there you have any questions or if I can help you with anything else please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Thank you for your answer. However i may have misled you with our use of the 7 acres. The 7 acres immediately adjoins our house and since 1981 we have used the land for not just for grazing but in conjunction with our property for social enjoyment such as picnics and parties; family activities; bonfire;tent camping for the children and friends and exercising and resting up horses and horse riding and jumping and exercising our dogs.


Does this make any difference in establishing a prescriptive easement over the land.

Expert:  UK-Justice replied 3 years ago.
No.

You would still have a right to pass and repass but that would be it.........


If there you have any questions or if I can help you with anything else please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

My wife and i have had adverse possession since 1985.


The recent solicitors letter that has been sent is addressed to me only and not my wife.


What is my wifes position as she has not been asked to quit the land in question.

Expert:  UK-Justice replied 3 years ago.
It makes no difference unless the possession was registered at Land Registry.



I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Thank you for your prompt reply but i do not quite understand the answer.


The land that we feel we can claim adverse possession is unregistered land.


The owner, local authority, have written to me giving me until the 4th April 2013 to vacate.


If they go ahead with court action and win to get me off what will my wifes position be.

Expert:  UK-Justice replied 3 years ago.
You still need to register any claim for adverse possession.

If they win they would also have to name wife as Defendant.


I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Thank you for your answer, you must be getting fed up with this case!!!! Whilst both my wife and i can meet all of the criteria for 12 years of adverse possession (Graham v Pye etc etc) we do not want to register at the moment as it may harden the attitude of the local authority who own the land.


The recent letter addressed to me only I think has been done to bring the matter to a head as the local authority dare not leave the matter any longer and whilst we have not registered we can negotiate a position as to fight a court case would be very expensive but they seem to have forgotten my wife's position as she has occupied the 7 acres adjoining our house where we have lived since 1980 and it is her horses that have grazed on the land apart from family use of the land since 1985 meeting in our opinion all of the requirements of averse possession. I just thought it would leave something up our sleeve to throw in at a later date relative to my wife's position. Do you have any further comment. Regards

Expert:  UK-Justice replied 3 years ago.
Your initial question was in relation about notice to quit and civil procedure rules.

Maybe I could trouble you to open a new question as this is a new subject.
Customer: replied 3 years ago.

Will do

Expert:  UK-Justice replied 3 years ago.
Great
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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