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Buachaill
Buachaill, Barrister
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Experience:  Barrister 17 years experience
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If you have fenced off and fully secured a piece of

Resolved Question:

If you have fenced off and fully secured a piece of unregistered land with a view to gaining title by adverse possession, what legal protection, if any, do you have against any person breaking into this secure property
Submitted: 4 months ago.
Category: Law
Expert:  Buachaill replied 4 months ago.

1. Dear *****, if someone trespasses upon a squatter's title, then you may seek to have them ejected. However, if someone takes possession against your interest, you have no legal recourse. This is because you have no better title than the possession you have. Once your possession ends, your ability to exclude anyone ends as well. Instead, if you seek to re-enter, you become a trespasser and the person possessing the land can now eject you, on the basis you are a trespasser. This is why legal title is so important.

Expert:  Buachaill replied 4 months ago.

2. So, until you get a possessory title in the Land Registry or absolute title, you need to securely fence off the land and prevent all people trespassing on it. In particular, you need to ensure someone does not come in a deprive you of possession. If you lose possession, you have to re-start the necessary 11 years for adverse possession again. It is for this reason you have to keep out all comers.

Expert:  Buachaill replied 4 months ago.

3. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10275
Experience: Barrister 17 years experience
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