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
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?
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
Does you reply also relate to the fact that i could not claim a prescriptive easement since 1981?
sorry to be a nuisance but does your expression perceptive right of way mean prescriptive right of way
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
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.
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.
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.
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