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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If I defend a claim in adverse possession and lose will I be

Customer Question

If I defend a claim in adverse possession and lose will I be liable for the other sides costs? If so can I as an individual get after the event insurance
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

AlexWatts2013 :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return.

AlexWatts2013 :

Yes the normal rule is that the losing party pays the other sides legal costs. Generally as an individual you would not normally get after the event insurance - this is because a Solicitor will carry out a legal merit assessment and pass this onto the insurance company who will then give a premium quote. As an individual you do not necessarily have the legal training to carry this out. Further insurance Companies generally offer premiums to Solicitors and not individuals.

AlexWatts2013 :

If this fully resolves your question then please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex

JACUSTOMER-dwcoozgd- :

So unless I have the money or legal expenses cover it is best for me to hand my land over and not defend this as an individual?. The cost would be too high if I lost I guess. He has legal expenses cover I don't. It is my land but it looks like I have no choice. Could I respond to his solicitors stating I do not accept trespass or their case for adverse possession but am willing to negotiate. Would that delay a Court case do you think? Any advise welcome.

AlexWatts2013 :

That depends, if you have home or motor insurance with legal protection that may cover you for any such claims. If it does then those Solicitors may carry out a merits assessment and take out insurance. If you say that you would be willing to try mediation (not negotiation) then that would probably delay matters.