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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I have maintained a fenced plot of land for thirty one years

Customer Question

I have maintained a fenced plot of land for thirty one years mowing strimming etc the last owner has owned it for around twenty years who I have meet once in that time I have supplied the machinery fuel etc the original verbal agreement with the owners mother and father who he inherited the land from was to do this work so I could use some of this land as an allotment, I have never paid rent, others now have an allotment who do pay rent the owner of this land wants to sell this land, he is returning cheques to these people so he can have vacant possession , as i have never paid rent where do I stand in this matter. I understand there are laws covering adverse possession if the owner sells this land how long after the sale do I have to claim adverse possession also would I be claiming of the new owner or the old owner
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Did you have to permission of the the owner to maintain the land as you did?

tdlawyer :

Hello. Are you able to see my question above please?

tdlawyer and other Law Specialists are ready to help you
Expert:  tdlawyer replied 3 years ago.
Hello. I can see that you have rated the answer - thank you.

If you have not had permission to be on the land, and you've used exclusively used it indicating an intention to exclude all others from it, then you should be able to claim adverse possession after a period of 31 years use. In fact, the law only requires a period of 12 years in order to claim adverse possession.

Tont
Expert:  tdlawyer replied 3 years ago.

Hello again.

I can see that you have posted another question, which is really a reply to what I had asked above. Any replies or exchanges between us on this particular question should be on this page.

If you did have permission to maintain the land, then the act of maintaining it will not amount to adverse possession. You need to do it without the owner's consent in order to adversley possess it.

Tony