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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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If you have rented land since 2003 till now and nobody has

Customer Question

If you have rented land since 2003 till now and nobody has followed up the picking up of rent what is the law re. Ownership.
Submitted: 4 years ago.
Category: Law
Expert:  Senior Partner replied 4 years ago.
Hi thanks for your question - can you explain the circumstances a little more. How and when did you agree to rent it? Has the rent ever been pid . Have you tried to pay it?
Customer: replied 4 years ago.
I agreed to rent it in 1999 yes I paid the rent until 2002. I have not been asked for it since?
Expert:  Senior Partner replied 4 years ago.
Thanks. The basic principle in relation to land is that you can claim adverse possession if you have squatted on it exclusively for 10 years however if you have ben admitted onto the land as tenant you do not count as a squatter - generally you cannot claim adverse possession if you are a tenant. Have you had any contact or made any attempt to contact the owner? One solution might be to terminate the tenancy by writing to the last know address and then remaining in occupation for another ten years.
Customer: replied 4 years ago.
I have no tenancy agreement signed by me
Customer: replied 4 years ago.
I have no tenancy agreement
Expert:  Senior Partner replied 4 years ago.
Well you may not have a written one but if you agreed to enter and pay rent then you are either a tenant or a licensee and the terms of the agreement will be implied from what was said at the time.

You have no explained what has happened to the owner or what steps you have made to contact him. What sort of land is it and what do you do on it? How much was the rent?
Customer: replied 4 years ago.
I only ever agreed it with the agent of the landlord and I paid him personally to his name and not the landlord. The land is permanent pasture and the agent said it was about six acres and I paid him 450 pounds but I never made the cheques payable to the landlord. The agent unfortunately died approx. 2years ago and the new agents have never contacted me. The 450 pounds was per year. We graze our horses on it and make hay.
Expert:  Senior Partner replied 4 years ago.
I m afraid I do not think this makes any difference. The law is clear and if you were allowed into possession lawfully then you are not a squatter. The only conceivable argument you have is that the agent was acting without authority of the owner. How did you contact him ? Presumably at the time there was some basis for you entering an agreement with the agent?

You would be best to make sure that your occupation is not with consent. You can never gain adverse possession if you are there with licence. That is why I suggested to try and make it clear that the licence is terminated.
Expert:  Nicola-mod replied 4 years ago.

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