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Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6944
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I have had use of land for 9 years 8 months, the Land

Customer Question

I have had use of land for 9 years 8 months, the Land Registry refused my claim for adverse posession on the 10 year rule, is there another avenue I could try ?
Submitted: 1 year ago.
Category: Law
Expert:  Michael Holly replied 1 year ago.

Why can't you wait 4 months and apply again?

Michael

Customer: replied 1 year ago.
Persimmon Homes own this strip of land and they now intend to create an "emergency" access road here to a new housing development.
Expert:  Michael Holly replied 1 year ago.

Damn, so close.

What do you use the land for, does any one else use it as well and, if so , for what purpose/

I have to pop out soon but will be back on the system later.

Michael

Customer: replied 1 year ago.
Of this area of land to the front of my house part of it is registered to me and part registered to persimmon homes there is no division or fence or hedge in between , I have had sole use of all of it and maintained all of it since december 2006, Persimmon homes have maintained other ground they own on this development but they have not maintained this area.
I had to maintain and clear this section because large weeds & bramble would encroach on to my section.
Persimmon now intend creating a access road here enen though there is an alternative area they could use.
Expert:  Michael Holly replied 1 year ago.

Do you know which part is your and which theirs what do the deeds and plans show?

Customer: replied 1 year ago.
I have form TP1 from land registry which shows my garden and an area marked "possible future access".
When we bought the property we were told by Persimmon this access may be used for construction vehicles only,now we learn that it's to be permanent with walkways for the public, our fear is it will be used as a shortcut by local yobs.
Persimmon inform us that the council insisted on this as a condition of PP for their new development.
Expert:  Michael Holly replied 1 year ago.

It is difficult because you were aware when you bought it that it did not belong to you and could be used, albeit, that they misled you over how they intended to use it.

They were clearly clock watching in terms of adverse possession as they nipped in just before the 10 year limit.

If this affects other residents you can try to get letters of support on the basis that it is not necessary as there is another route, it presents a security risk giving access to the back of the houses. The noise potentially created could cause a "nuisance" . Object strongly to persimmon and consider getting your local MP, Councillor involved, contact a local freebie paper they are usually desperate for local stories to fill the pages.

Best regards

Michael

Michael Holly and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
One final question if I may, I intend placing a sign on my house inviting potential buyers of Persimmon Homes houses to inspect
my house to view the defects & poor workmanship that Persimmon refused to rectify, is this illegal ?
Expert:  Michael Holly replied 1 year ago.

It is not illegal as long as you are desperately sure of your ground.

Michael