my name is ***** ***** I will help you with this.
So I understand you have a declaration but that does not involve the current dispute?
Thank you Alex, here is a judgment
Sorry about that. There is a judgment which declared the boundary lines and awarded the other party the parking spaces.They say that due to the boundary lines they have a right to the rest of the land. But the judgment never mentions this.
Please note that the whole court proceedings where done by different solicitors and that this new solicitor is according to us just reading to much in the judgment.
Did the rest of the land ever form part of the claim or just the spaces?
Just the spaces. Which they got a rent compensation well. The other land was never mentioned. They only mentioned the parking spaces in their particulars of claim, witness statement, submissions, etc.
I cant see how it includes the rest of the land. If their particulars was only a declaration spaces then there was no Court Judgment on anything else. I cant see, save car parking spaces, that any other land was given up
They would have to issue a new set of proceedings against you if they wanted a declaration on this other land as well
Can I clarify anything about this today please?
Ok, that is clear. What should we do now? Should we go possession?
Only if you have had 10 years access to the land. However rules have changed - you need to register your possession at the Land Registry. The owners will be sent a copy and can object. I assume they will - if they object claim possession fails.
It used to be that it was automatic, but not any more.
If its objected to then it fails.
So you can try adverse possession, but dont be surprised if they object
Can I clarify anything else ?
Yes, we have a planning permission which partly will build on the land which they are trying to claim. Can we just go ahead and start building on this?
Yes unless they seek an injunction stopping you
And what will happen then?
If they do you have to stop. But then it does go back to Court and you can make representations why it should be removed (the injunction)
Because they did not issue a new set of proceedings against you if they wanted a declaration on this other land as well....?
They can do that. You could argue against that, but that is not an issue
and if they started these proceedings we could go possession?
Yes that does not stop you doing that
But as I said they can object at the Land Registry
Okay than you Alex help on this. Only one last question, could you recommend an expert barrister on this kind of dispute in London?
Sadly I am not allowed to, but if you go to the Bar Standards Board you can search Access Barristers in your area with that specialism
Can I clarify anything else today?
No, not regarding this subject but I will post something else and maybe we meet again.Kind Regards,
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