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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The issue relates to a piece of land that we enjoy use near our home SX12

Customer Question

The issue relates to a piece of land that we enjoy for recreational use near our home SX127668. We purchased this land 17 years ago and have copies of the land registry certificates and the proprietorship register from 1970. Within recent days we have had a claim from someone that he has owned the land since 1982, although his name does not appear on the transfer document and as yet has not provided any documentary evidence to substantiate this premise.
The police have been called as he has cut down trees, damaged the land and parked a caravan there, but the police tell me they are unable to take action on account of it be a civil matter, until I am informed, they receive instructions from a court that would establish which person is in fact the legitimate owner.
As we are reluctant to incur the costs of a litigating solicitor at this stage, I would be grateful if you are able to provide me with the possible problems if we go to court with an interim possession order.
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Just to be clear you are named on the land registry documents ?
Customer: replied 1 year ago.
yes
Customer: replied 1 year ago.
not me personally - my partners parents are registered.
Expert:  Ash replied 1 year ago.
Ok. Then what you need to do is get a Solicitor to write and ask this person to leave. If they refuse then sadly you need to apply for a possession order.
You would complete the forms (n5):
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
There is a Court fee of £280 to hear the matter. The court would set the matter down and decide whether to give possession.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Sorry the question hasn't been answered -
Expert:  Ash replied 1 year ago.
What else would you like to know?
If you go to court you are the registered owner, the other side can't claim they are. The land registry is taken as red.
Alex
Customer: replied 1 year ago.
Thank you but "the possible problems" is the question, i am aware IPO and the CPR 55.0 to 55.28 after doing a bit of reading and research and will most definitely employ a process handler via a solicitor. Is it possible for the land to be sold illegally its had three owners since 1982, is it possible that none of the solicitors spotted an error? Can a partner sell a piece of land without permission of the other partner.
Many thanks
Expert:  Ash replied 1 year ago.
No. All parties must agree to the sale, unless it's by order of the court.
IPO is unlikely to be granted in this case given the nature of the land etc. The court will want a full hearing.
Does that help?
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.

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