How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

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: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 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 10 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 10 months ago.

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

Buachaill and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thank you for your reply. It confirmed what I thought and has given me the direction I need to now take. I am happy with the answer and with this being my first time and being somewhat sceptical , I am now confident to use the site again. Yours John