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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7626
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Can you claim adverse possesion of an agricultural building

Customer Question

Can you claim adverse possesion of an agricultural building if you have used is for personal storage of items for more than 12 years. I rented other buildings on the site with a formal rental agreement.

The electricity supply was common and my company who rented the other units paid it.

As the building were agricultural they were not rated

Two of the units did not have locks, two did.

Can you claim if you run a business from it
Submitted: 5 years ago.
Category: Property Law
Expert:  Thomas replied 5 years ago.
Hi,

Did the owner of the property continue to use it despite the fact that you had items stored there?

Tom
Customer: replied 5 years ago.
No
Expert:  Thomas replied 5 years ago.
Was storage with the consent of the owner?

Tom
Customer: replied 5 years ago.
They were aware I was using it
Expert:  Thomas replied 5 years ago.
Hi

Thanks for your patience.

You appear to meet the requirements in terms of the length of time to have occupied property to claim adverse possession regardless of whether the land is registered or not.

However there is a lot of misunderstanding about adverse possession, it’s not simply a case of having occupation for a period of time and then registering the property in your name.

The difficult that you will have with this claim is that it is difficult to see how simply storing items there would amount to occupation and also that if the owner knew about your occupation then he would also have had to have encouraged or allowed you to believe that you owned the property. You would also have to show that you acted to your detriment.

The problem is that storing the items is not acting to your detriment (it’s usually carrying out expensive maintenance or making additions) and that you already had a commercial agreement in respect of the other land and so the court will likely view the storage as an informal licence and that this therefore precludes a claim for adverse possession.

It may be worth having a consultation from a solicitor locally who can take your detailed instructions, having regard to the actual land and any other rental agreements/leases you have had but I would mentally prepare yourself for advice that it would be a very tricky claim.


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Kind regards,


Tom
Expert:  Thomas replied 5 years ago.

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom