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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Squatters rights. A neighbour is caming squatter srights on

Resolved Question:

Squatters rights. A neighbour is caming squatter srights on land belonging to a local landlord on the grounds, I believe that he has been usuing the land for burnibg garden rubbish for many years. As a result the landlord has given me notice tha he will no longer permit me and other neighbours to burn our garden rubbish on his headland adjoining our properties which we have done for many years. We do not want to upset the landlord but think he is unnecessarily penalising us. The landlord is well aware of what we have been doing and claims that he had given us permission for burning rubbish on his land. I have received no formal notice from him that his is so. The question. How strong is my claiment neighbours case likely to be? He is a reired solicitor.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Has the squatter been given the land at the Land Registry?

Customer:

Do not know

Alex Watts :

Ok, in short if they do not have title at the Land Registry then they have no rights to the land whatsoever

Alex Watts :

It used to be someone could just claim land after 12 years.

Alex Watts :

But the system changed.

Alex Watts :

You now have to exclude all others on the land for 10 years and notify the Land Registry of your intention to seek possession.

Alex Watts :

They will then write to the owner and ask them if they object. If the owner objects the claim fails.

Alex Watts :

If the owner does not object to does not respond then the title is transferred.

Alex Watts :

But unless they have title at the Land Registry they have no rights to the land whatsoever

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

Therefore unless you have formally registered any land at the Land Registry you have no rights.

Alex Watts :

Even if you attempt or register now and the owner objects, your claim fails.

Alex Watts :

Therefore on that basis you can't claim rights even though you have been using it

Alex Watts :

What you may have a right of way

Alex Watts :

That is to pass over the land.

Alex Watts :

You get this by 20 years use to get a prescriptive right of way

Alex Watts :

This right becomes absolute after 40 years

Alex Watts :

Does that clarify the position?

Alex Watts :

Were you trying to rate my service? If so you may be able to do it again now

Alex Watts :

If it is anything less than positive please let me know and I will see if I can clarify something for you

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