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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We have been in possession of a plot of land + illiegally

Resolved Question:

Hi. We have been in possession of a plot of land for 20 + illiegally and without the proper owners consent whoever that may be, we have never been approached and have used it as a storage location and yard area which includes a double garage. We have secured the site and even paid rates to the local council for it. Recently the shops to the front of this plot has been demolished along with our double garage. The fencing now surrounding the site encompasses our land! The planning permission makes reference to our plot of land and the council have approved this recently with 7 days left to contest it. Our contents were removed and destroyed, some of which remains on site still. We are in the process of registering the land with land registry, but a solicitor was working on that and I am yet to find out how far he got. What can I do fist off to put a halt to the build before it starts, get us down as the registered owner or claim adverse possession against the current owner. We have lots of evidence etc to show we have occupied it for the time we say we have, along with pictures of the Garage standing and now the empty site. Please help.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I would like to add that we merely found the area disused in 85 and occupied it with goods and a vehicle. We secured the garage with large gates. We did not anything that was illegal in occupying this area and it appeared to not belong to anyone, hence why we were never stopped from using.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
All you can do is seek an injunction to stop the build. For that you would need to complete form N208:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
And N16a:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The Court will list the matter for hearing and decide whether to give an injunction. If the Court does and they breach it, they would be it contempt of Court. They can be warned, fined or sent to prison.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Hi Alex, thank you for your comments. Would you suggest that we apply to the courts for the injunction ourselves or seek even further advice and instruct a solicitor?
Expert:  Ash replied 1 year ago.
Its a matter for you - do what you think. I would suggest getting a Solicitor to write.
Does that help?
Alex
Customer: replied 1 year ago.
I have discovered today that the land is registered to someone else, however being in occupation of it for more than 15-20 years with proof we want to claim adverse possession. A retired solicitor friend advised that as the owner of the shop has now knocked it down we are no longer in possession as such so it would go in the developers favour? I'm not agreeing with this because we have historically been in possession up until 2 weeks ago. Would really appreciate your thoughts on this and our chances. I am awaiting site from the council of the development plans and area that they have mapped out. I Will get the forms completed & forward to the court via a solicitor. We today made contact with the building agent to advise him we were the occupier of the garage and have sought legal advise. Should I get a solicitors letter to him or will the injunction suffice?Many thanks for your help so far & sorry to come back with further, it's just that further information is starting to come to light and could change things.
Expert:  Ash replied 1 year ago.
Here is a guide to adverse possession:
https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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