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ukfamilysolicitor, Solicitor
Category: Law
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Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Have I got a claim possession?

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have I got a claim for adverse possession?
Welcome to Just Answer
Thank you for your question.
Please can you provide me with some background to your question.
Kind Regards
Customer: replied 2 years ago.
  • Until the time of his death (1990),XXXX was the sole registered owner of 3, Melbourne Avenue. He lived there with his wifeXXXXand two daughters, XXXthe elder and XXX

    From 1964, I was datingXXXX who was then 16 years old.

    About December 1965, XXX became pregnant with XXX We were not married at the time - we were under pressure from XXX parents to be married..

    XXXwas an experienced bricklayer / builder. I am a bricklayer. I had noticed what appeared to be a plot of waste ground on the E side of bungalow. In early1966, XXXand I discussed demolition of the bungalow and building 2 houses (one each). Of course, part of the deal was that XXXXand I would be married. I subsequently gave XXX £300 for the plot of land adjacent and parallel to the bungalow on the E side, the full length of the bungalow and front (N) garden to the centre of Melbourne Ave. (outlined in red on the plan A/3 Melbourne). He gave me a signed receipt (which I cannot find).

    However, we decided that this plan was beyond our means.

    XXXlater argued that he had sold the plot of land to me for too low a price and demanded more money - I disagreed - we "fell out" over this. As far as I know, the purchase was never registered.

    XXXbegan work on brick cladding the side of the timber bungalow.

    In late 1967, despite protests from XXX I bought a brand new static "mobile" home, demolished the garden wall at 3 Melbourne, and positioned my home on my piece of land, excavated, installed services and connected them to the Mains. I also laid a concrete path the full length of the house, placed paving slabs and built 2 sets of brick steps for access to my home. I also built a brick dwarf wall all around the mobile home and erected two gates - one at each end of the path. I also cultivated the garden surrounding my home.

    No permission was given for this and I never asked for permission - I did not need to.

    XXXX stopped work on the brick cladding and it was never completed.

    The garden to the front and rear of my plot of land was/is delineated by concrete edgings.

    During my occupation, right up to the present, no one other than my immediate family has ever tended the gardens surrounding my home nor entered my home or onto my plot of land - everyone has always respected my privacy and possession of this plot.

    June 1968 Sandra became pregnant again.

    We married on 15th.January.1969. XXXand I moved into the mobile home.

    26. March.1969, Sandra gave birth to the second child, John Free.

    13. Oct. 1970, Sandra gave birth to the third child, Robert Free.

    We continued to live in the mobile home until 1983 after which, Sandra and I used it variously as a Summer house, study and for storage.

    We continued to tend the gardens and paths surrounding our home.

    This exclusive use continued until the present date.

    1990 XXXX died intestate, the property passed to XXXX

    In 1994 a large "Monkey Puzzle" tree at 1, Melbourne Ave. penetrated and blocked the drain serving 3 Melbourne. I excavated for and replaced/repaired the foul drain. The drain ran through my land and it was therefore my responsibility.

    2006 XXXXtransferred the property to her daughter XXXX (XXX) and her grandaughter XXX in equal shares.

    XXX and I continued to use the mobile home as a Summer house/storage until 2013 when I removed it to excavate for and renew the leaking water main (serving the house and mobile home) which (as Edna Jackson pointed out to me) was my responsibility due to the fact that the mains pipe is on my land (beneath the mobile home). At no time did I give up occupation of my plot of land.

    After I had completed the repair of the water pipe, I replaced my mobile home with a newer model and rebuilt the front brick garden wall. I then reinstated the gardens on my plot. This work was completed 14th.July 2015.

Thank you for your response. I am currently at Court but I will consider you response and reply substantially later. I hope this is ok.
Kind Regards

Hello Thank you from your response. I note that you state that 'noticed a piece of land'. I am wondering whether or not this land was ever XXX's to sell you in the first place or whether the land was actually owned by someone else. If XXX was the owner then there should have been a conveyance when part was sold to you. I note that you refer to 'a receipt' for the monies given but you do not mention any deeds and you are not sure if the sale of part was actually registered. It is worth checking the Land Registry to see what information there is on XXX's and surrounding properties. This only costs a few pounds to do: If a Solicitor was involved with the transfer then you should make enquiries with the firm to see if they hold the 'deeds' (official copy of transfer). If the solicitors practice is no longer trading then you could speak to the law society to see if they know what happened to the firm and if any deeds are being held anywhere. It might quite well be that you might be able to prove you are the legal owner if your enquiries prove fruitful. If you don't find the deeds then you could try reconstitution of the title (see link below for guidance) this isn't easy and they may only give you a possessory title if you don't have the evidence they need. I note that you originally asked about adverse possession. The difficulty with adverse possession is that you truly need to have possessed the land without the owners consent - given that XXXX sold you the land doesn't sit well with this. It may however be that if your enquiries established that XXX didn't have good title to sell to you and the land is actually owned by somebody else and unregistered that you may be able to claim adverse possession. Kind regards ***** ***** would be grateful if you could kindly rate my answer. I am new to this service and positive feedback is gratefully received. Please note that we receive no credit for our work or payment unless positive feedback is received.

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