The legal phrase for “squatters rights” is adverse possession. If the land is registered at the land registry and you have occupied the land and used it and treated it as your own (built a wall around it) without consent or objection and not in secret, then you can apply to the land registry to have it registered as yours under the doctrine of adverse possession
may be a problem that you built the wall in its current position with consent but let the neighbour argue that.
What would happen is that you would get possessory title only of this small piece of land but, if the neighbour objected to the application to register the land in your name, which seems likely if he is asking for £25,000 for it, then it would end up in the Land Tribunal for them to determine the issue.
Can I clarify anything for you?
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I am surprised that your solicitor did not already consider this.
Good luck with this.
I was pleased to be able to help.
Are you able to attach the plan?
Until later then. The first thought I had with this is that if you own this land, you can make the same demands of the developer to transfer this land to him as are now being made of you in respect of the other piece of land.
It depends really whether it’s the developer that made the mess of this. It’s unlikely that the developer however would be able to claim adverse possession.
If however all the other surrounding properties had access over this piece of land for 20 years and you had never objected before, they can claim an easement under the Prescription Act.
Thank you. Can you explain which is the part of the land which the neighbours want £25,000 for which is the part of the land over which you are saying others have access? Please refer to the land registry plan because that’s the most helpful. Could you please explain exactly what is where? Thank you
When you say left and right, that obviously doesn’t mean a lot to me because I’m looking at a plan with North-South East West on. However I can see what you mean.
On the land registry plan, the access to the right of the property, north-west on the plan appears to be blue. What is the reference in the deed itself to that blue area in the plan?
The area to the left of the property, south-east on the plan, which they want £25,000 for, is that the area which is marked 36.40 on the plan? The plan is quite clear that you do not own that area outside the red line. Ignoring the argument that is going on at the moment, is it likely that the boundary to the left, south-east of the property, was simply put in the wrong place many years ago? I’m wondering how such a fundamental error is not including a piece of land which was built part of your property, would not be included in the plan and how neither you nor anyone else’s noticed it in the past, until now.
That would possibly explain it which case, it would be a matter of getting the title at the land Registry rectified. If the neighbour wanting £25,000 becomes obstructive, then it’s for the land tribunal resolve the issue.
However you need to know what the reference in the Land Registry Title Deed is to the area covered in blue. You need to look at your title deed and see what it says.
I suggest that you also get a copy of the neighbour’s title deed plan and plan to see what area the extent of their land is. You can get it online from this link
The explanation would be on the title deed and not on the plan. There was nothing attached.
Thank you. I have the plan that now shows the yellow, blue and pink areas. This is presumably the plan of next-door because the green area, is the area which has been removed from the title and is now registered under NT 414707 which is your property.
I know need the title deed wording from next door also.
You are probably then going to need the transfer deed and the plan which is also available from the land Registry, but not online, which is the transfer deed from when you purchased the land from next door.
Incidentally, regarding the yellow area which is the right of way, can you do anything with that or is it in effect a useless piece of land to you? The reason I mention that is because if it is of no use to you, why would you have bought it? That would fit in with the earlier point you made that the plan is defective and that the measurement should actually come from your side, the South-east side of the yellow area right-of-way and not the north-west far side
I need to know exactly what the land Registry deeds say about the coloured areas. Your recollection is, I am sorry to have to say, not sufficient.
I only answer questions, I don’t know about extended membership how that part of the site works but you can of course email the site and they will advise you.
The documents are out of focus and very difficult to read. However, I have managed to read them.
In title number NT 414707 there is a transfer referred to dated 11 November 2005. That is the transfer to you and you are going to need to get a copy of that transfer and the transfer plan.
Incidentally, there is a restrictive covenant not to use the land for anything other than amenity land (2 of the charges register) so I assume that there is an indemnity policy in place in respect of that breach.
On the final page, you will see that it says and coloured brown is the part of the road included in the title.
It says that the land coloured blue is still coloured blue. That’s because sometimes, for some bizarre reason, the land registry change the colours on the title plans from that on the transfer plan.
However the colours only refer to the right of way 3 in the Charges register so we can discount those.
I think the situation here is that either the title plan is wrong for when you bought the property and the road should not have been included or if the title plan is correct and the road should have been included, there is a possibility that the house is built in the wrong place. I think the latter most unlikely that it was the intention that the road was not to be included (if it is no use) and that the whole plot you were buying would be moved further along.
This is not going to be quick to sort. If the owner of the adjoining property steadfastly refuses to let you have the title to the piece of land on which your house is built, but you are faced with a court application to have the court determine where the boundary should really be.
What you might want to consider doing, because it’s risk-free and going to be quicker and cheaper than going to court is offering them, say, a much reduced sum of money, say, £10,000, which you would let them have on the sale of the property. The offered needs to be made on a without prejudice basis. However that decision is yours as to whether you want to do that or not.
Thank you. It may be quite simply that the solicitor but the original purchase was negligent and hence, you might want to try another solicitor firm at some stage if this is not the same one. If it is the same one, and there is a potential allegation of negligence, there is a conflict of interest between them saving their own skins and dealing with this matter for you and hence, they should tell you to seek independent legal advice. What is almost certain from this is that there is absolutely no point in exchanging extensive correspondence with the neighbour unless the neighbour is prepared to mediate or capitulate.
Ask the solicitor then to see if there was a potential negligence claim against the solicitor that dealt with the conveyancing for you.
I can go one better than yours story of the secretary at the post office and that is solicitors putting letters in the post when the solicitor was upstairs and the agent was in the office below! They said the reason was that so there was a paper trail. Rubbish.
All the correspondence on the file belongs to you because you have paid for it. You are entitled to the original file, and the solicitor is not entitled to charge you for copying. If she wants to keep a copy, she has to pay for that herself. You are liable for any postage cost.
I’m not certain what you mean by paying for waiting time. If she is waiting in her office, something to arrive, she is not entitled to be paid for that time. If she was in court waiting for something to happen in front of the judge, she is entitled to be paid for that
That would appear to be a good result.
They are not entitled to charge unless the lease says that they can but you might want to pay the fee in any event just to keep the peace.
They would have to give you a reasonable time to rectify the situation but then again, it depends on the nature of the complaint.
Can I help further?
I apologise. The answer was off another thread. It does happen from time to time. My fault.
What you should have had is:
Unfortunately, the plan attached to the Transfer is not there so we can’t see the extent of the land that you are supposed to have bought.
It seems odd that next door you bought the land off, calmly agreed for the boundary to go in the wrong place (if what they are saying is correct) and let you build a house on the land and only raise the issue now. That certainly wouldn’t assist them if this ended up at the Land Tribunal.
The letter from the solicitor does not assist you because the fact that you bought the land is not in dispute. It is the extent of the land which is problematical.
Because of the length of this thread, it no longer comes into my inbox as waiting because the system thinks it has concluded. Kind regards