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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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In the early 1990's my father obtained a commercial property

Resolved Question:

In the early 1990's my father obtained a commercial property adversely. Added locks and refutlrbished. He died in 2008 and I took over the property. Last year the local authority started proceedings for eviction. I showed them evidence of adverse possession including bills, letters and correspondence to thE address dating back to 1990. There are also lease agreementso where my father let the property to a third party. The local authority threw paperwork after paperwork and witness statements saying my father could not have been there as a it had been let to a company. After a lot pressure and threat of large legal bills I conceded. However it has come to pass that there is evidence to show that the local authority did not rent the property to a company and at least 3 other documents appear to have been specifically prepared for the case. I signed a voluntary order to hand back in January which was sent to thE court.
My question is could I still apply to the land registry for adverse possession even though I signed the order and/or in theory could a third party take over and continue my claim whilst taking occupation of theach property if it were open and they could walk in :)
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. I regret to say that once you signed a voluntary order to hand back the property, this brought your claim to an end. You cannot take one course of action and then seek to resile from it and claim you didn't mean it. Here, you bound yourself legally, when you signed the Voluntary order. This brought your claim to adverse possession to an end. Once you signed the voluntary order, that ended your claim for adverse possession. This bound you. You cannot now, come back, and then decide you want to continue your claim for adverse possession. Effectively, once you lost control of the property, by signing the voluntary order, that brought your claim to an end.

Expert:  Buachaill replied 1 year ago.

2. It is not possible to re-activate a claim for adverse possession once you have signed your rights away. I regret to say that continuous possession without any acknowledgement of an alternative title is necessary to found a claim for adverse possession.

Expert:  Buachaill replied 1 year ago.

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