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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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If a person A gives up their claim possession of unregistered land i.e. they h

Customer Question

If a person A gives up their claim for adverse possession of unregistered land i.e. they have maintained and used land for so many years over 12beforehand, then they declare no interest, can they still make a claim for adverse possession say 8 years later in support of a neighbour who took the land as being their own? I thought time stopped adverse possession if interest is given up. ALSO AS A SQUATTER ON the land is it true that to pass on possessory estate it has to be done two months after the passing on of the land has happened? If the fence put up to claiming the land by Neighbour B has been erected after two years of declaration and they cannot make a claim for adverse possession, then does land have to be put back to what it was originally? i.e. land has to be part of person A property. According to this matter, the whole characteristic of street has changed, the land is no longer accessible from person A property as it was since house was built in 1947 neighbour onlyhad land8yr
Submitted: 10 months ago.
Category: Law
Customer: replied 10 months ago.
person A no longer owns the house which had land attached to the house. Neighbour B enclosed land within her property and tried to sell house late last year including the unregistered land. Person A no longer lives in the house and I own the house but the land should be included but is not. We want fence removed and reclaim land. My case is based on error by council as this should have been sorted when houses were bought from council in 1982 and 2007. left in abeyance and unsorted.
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you.
Did they ever register their interest at the Land Registry please?
Customer: replied 10 months ago.
I want to get the fence removed and reclaim the land and have the title deeds amended to include the land. The original land owner is the council. land has never been registered to date, as per my previous notes and question.
Customer: replied 10 months ago.
legal paper title owner is the council. the land is completely unregistered. the previous owner had the land the most time. The Neighbour B is trying to claim the land free of charge and has totally ignored the letters she had from council telling her she could not buy as part of her right to buy purchase. Person A is the predecessor of the property that the land belonged to.
Customer: replied 10 months ago.
Neighbour only registered their interest when I informed Land registry and council about the problem before we purchased the house then she has tried to keep time ticking over as she is fully aware she needs to stay on land for 12 years before claiming adverse possession.
Expert:  Ash replied 10 months ago.
As long as you have had possession for over 10 years, excluding all others then you can make a claim for adverse possession.
Only if you have signed a document to say you give up interest and that you do not intend to make any future claim could you then be barred.
You can reclaim the land, if it's not been registered in anyone else's name then you can claim it back.
If the other neighbour is refusing to hand back you can seek a court order.
Can I clairfy anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Customer: replied 10 months ago.
I have never had possession of the land, the predecessor had possession since 1947 up to 2008, gave up the land stating "no Interest" in a letter in November 2007. Neighbour then put fence up in September 2008 but neither of them made a claim for adverse possession. In the practice guideline 5 for adverse possession for unregistered land, it states that if someone has possessory estate of land they then have to register adverse possession within 2 months if a squatter. is this true. My title deed does not have a definitive boundary but just a dotted line which excludes the land in question. The council have confirmed that the planning boundary includes the land within my property so I believe that in 1982 an error was made by the council. What I need to know is do I have legal basis to claim the land back?
Expert:  Ash replied 10 months ago.
Yes you do. If it has not been registered in anyone else's name then you have a right to claim it back. There is no entry and quite right this must be done after two months.
The person is squatting if that is the case. So you do have a claim to seek your land back. But you still may need a court order to declare so. Does that clairfy? Alex
Customer: replied 10 months ago.
so here is the history: 1982 person A purchased house with land in question from the council under right to buy scheme. but the title deed did not include the land, a dotted line was put on the deed. Thereafter the Predecessor Person A continued to maintain and use the land up to and including 1989. In 1989, Person C started to rent the land and had access to it from person A's driveway. Person C maintained the land upto and including 2008, when the Neighbour B put the fence up without any notice given to person B. The land was not claimed equivocally, as person C had an interest in the land. Neighbour B decided to just claim the land in its entirety disregarding usage by person C.
Expert:  Ash replied 10 months ago.
Ok. But if the land was not registered then it will always be back to the original owner. The land should have been registered to give proper title as to who owns it. That can still be done, but probably with a court order.
Customer: replied 10 months ago.
so what happens if the predecessor person A has written aletter to neighbour B stating that he has no interest does that invalidate the possession that he did have from 1947 to 2008. is it legally binding, cos now he has written a statement for Land registry that he supports the neighbour B in her claim fro adverse possession. What is the effect of the letter written by Person A stating no interest in the land and giving neighbour C permission to put up a fence and then writing a statement after selling the house 3 years later saying that he supports neighbour B in her claim for the land?
Legally I know the land belongs to our property but to sort this out I am scared to take the matter to court with the documents that person A is proposing to give to Land Registry. Can PERSON A still support the neighbour B in her claim for adverse possession and change his mind from NO INTEREST in land to supporting adverse possession?
Customer: replied 10 months ago.
I checked with Land Registry and land is still unregistered to date. So if I were to make a claim what legal terms would I use?
adverse possession, boundary dispute, trespass, encroachment, illegal fence height....
Customer: replied 10 months ago.
I attach a document which shows council planning boundaries as of November 2015.
Customer: replied 10 months ago.
do I just ask the court to write me a declaration or would I need to prove my point with supporting evidence. Also before I bought the house I visited the council and they had an ownership map which showed the land as part of my home. would I have to include the council in this matter as they made the error or would this be a separate claim?
Customer: replied 10 months ago.
so is the statement that Predecessor person A written become invalidated to support adverse possession claim for neighbour B in this matter?
Customer: replied 10 months ago.
Also can you recommend representation in this matter as when I have tried to find a solicitor in the past it is a minefield?
Customer: replied 10 months ago.
can you represent me?
Expert:  Ash replied 10 months ago.
Sadly I am not allowed to reprsent you because of site rules. You would need to provide evidence as I imagine it would be contested. Does that clairfy? Alex
Customer: replied 10 months ago.
yes I guess the longer she stays on the land the more time the more she can get adverse possession. So just one other question, if the predecessor of my house person A writes a statement for the neighbour changing his mind from "no interest" to passing on adverse possession, would it hold up in court? as this is what Person A's statement says. Can the neighbours case be made stronger even though person A never made a claim for adverse possession?
Customer: replied 10 months ago.
Over the last few years I have asked the neighbour to remove the fence by serving the relevant notices of trespass but I have been totally ignored, harassed by her parking awkwardly and one time blocking me in completely making me miss hospital/doctor appointments.
Customer: replied 10 months ago.
should I base my case on adverse possession, or go boundary dispute way?
Expert:  Ash replied 10 months ago.
I would claim both.....
Customer: replied 10 months ago.
should I include the council in the case as they made the mistake.
Customer: replied 10 months ago.
what are my chances of winning?
Expert:  Ash replied 10 months ago.
I think you have a decent chance based on what you have said.

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