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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear Sirs, I own a property in Northern Ireland an adjacent

Customer Question

Dear Sirs,
I own a property in Northern Ireland an adjacent house has been built on my land can I apply to the court or get an injunction to rectify this situation ? The property is up for sale
and I have not been consulted not two parts shall be sold which sit on my land.
If you can advise ??
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
If the house has been build, why have you not done anything about it before please?
Customer: replied 1 year ago.
Hi Alex,
The land is in a rural location and was built some twelve years ago and the owners notified of the situation that there was a problem as this was family land, the property has now been repossessed by the bank and is now up for auction the difficulty I have is that the house sits on my land in two areas the maps that the auction show the folio for sale but does not make clear that the dwelling runs over the boundary significantly can I do anything to stop the auction ? Court order injunction ??
Expert:  Ash replied 1 year ago.
When were they notified of the situation?
Customer: replied 1 year ago.
My solicitor notified the owner and the mortgage company well within twelve years to prevent adverse possession
taking place I am now very concerned that a purchaser will buy this at auction for cash and claim my land ? No one has been able to advise a solution to the problem it seems absurd that this can be sold I have closed of the land and fenced in the ground by taking back possession but I cannot knock down the portions sitting on my property without criminal damage what can I do ?
Expert:  Ash replied 1 year ago.
Ok - so why didnt you take any Court action 12 years ago? This is a real problem? You are seeking to stop the sale on what basis - what do you want to achieve by halting the sale?
Customer: replied 1 year ago.
A family member lived in the house but they where well aware that the title was not correct not that it has been repossessed
the bank which have a charge on the folio cannot sale on the open market they now want to auction the house I want to know can they legally sale this albeit that the entire house is land locked and sits my land ? The main reason for my objection is that my land has property on it now being sold and it seems I am powerless to do anything about it ? The bank should be dealing with me to either rectify title or not be allowed to sell a property that they do not completely have legal title over ?
Expert:  Ash replied 1 year ago.
Just to be clear, you have known about it for 12 years but decided to do nothing about it, save warn them re adverse possession?
Customer: replied 1 year ago.
No adverse possession was ever made by the banks legal team looked at this but because I had written to them about the problem they accepted this my family member also got into financial difficulties and due to bad title handed the house back to the bank this situation was caused by the house being built on my land discovered after it was built an agreement could not be reached between myself and the bank and now they have the house for auction my legal advice to date is that no one will buy it but if a cash buyer does and takes possession then I am left with a serious loss and devalued adjoining land due to the actions of the bank ?? Surly they cannot do this ? Who owns title to the portions of the building that sit on my land ? Di I have any rights to this portion ? Can I charge rent to a new owner ? I am hoping that you can give explain my legal position ? I would have thought that the bank as I am part owner of the house in my mind that they would have to deal with to me as joint owner of the dwelling which they are attempting to sell ?
Expert:  Ash replied 1 year ago.
The problem you have is this. You have waited 12 years and done nothing about it. You should have sought a Court order declaring that they were building on your land. If you go to Court now a Court may not be very sympathetic with the fact you have done nothing.
I dont think you can seek an injunction to stop the sale - because if you went to Court a Judge would ask, why do you want an injunction now when you have done nothing about it for 12 years. That is not to say though that even if the sale went ahead you would lose the strip of land - you would still need a Court order to declare where it is.
I assume you still own the portion of land attached and its registered at the Land Registry. Therefore you will always own this strip. The buyer Solicitor should pick up on this and want to rectify any position in terms of registered land, so they will have due diligence.
I dont think you could charge the new owner rent as you have not charged the old person in possession for 12 years. There is no rental agreement set up and if they refuse to pay, what then?
If you are on the Land Registry as owner, you will ALWAYS remain the owner of the land.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Hi Alex,
Thank you, ***** ***** the registered owner of the land in question and in fact the house is totally enclosed by the land as well as
the dwelling sitting on the land, because the house was owned by a family member I did not take any legal action as we had an understanding that we would resolve the situation by agreement but once the house was repossessed this could not be done. I understand your answer but surely legal title is legal title ? I do understand the purchasers solicitor will advise against purchase I cannot take a chance, what action can I take apply to the court for an injunction or court order ?Can I legally prevent persons from entering my land ? Trespassing to take possession ? Do I call the police ?Your advice is much appreciated ?
Expert:  Ash replied 1 year ago.
You would need a Court order to take possession. You can't just prevent access to the property - the Police wont be interested.
You can seek an injunction but clearly there is a cost. Your biggest problem is that you have done nothing for 12 years.
Does that clarify?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Alex,I did not mean to hit the live chat button, have have enough advice from your answers can you sort this for me ?
Expert:  Ash replied 1 year ago.
If you are happy with the advice then no further action is needed.
Alex

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