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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10817
Experience:  I have been practising for 30 years.
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Twelve years ADVERSE POSSESSION from 1977 to 1989 made claim

Customer Question

Twelve years ADVERSE POSSESSION from 1977 to 1989 made claim in 2014 would have done it before but didn't know found out since the land was first registers in 1996 by Lichfield council
Which Means I Was On Unregistered Land My case at hearing is Reg Land
Is this A Principal of Law To put to the APPEAL COURT the council was Never on the Land Would this Make a Difference To my Appeal
Submitted: 12 days ago.
Category: Law
Expert:  F E Smith replied 12 days ago.

Is there a challenge to this claim?

Customer: replied 12 days ago.
Expert:  F E Smith replied 12 days ago.

Just let me get the facts straight here.

The council owned this land for many years but didn’t use it and only registered it in 1996.

You use the land between 1977 and 1989 but for some reason you only major application for adverse possession in 2014.

Is that the situation?

As the local authority opposed your application?

Did you use the land and treated as your own, to the exclusion of all others and if so, what proof do you have of that.

What happened to the land between 1989 and now?

Customer: replied 11 days ago.
Council didn't own land but registered it in 1996 as I said
How can they claim land I was on the Land and in 1996
I have 6 witnesses
The dates are evidence they didn't occupy land
There application would not be valid in law when it was passed on to home zone then passed to Bromford Housing association in 2011
Is this a big error of law to put. Into my appeal
Expert:  F E Smith replied 11 days ago.

Whereas before I was just a bit confused, now I’m completely confused.

Are you saying that the council have registered the land in 1996 on the basis of adverse possession? If not, on what basis?

You said that you use the land up until 1989. What happened after that.

I don’t understand what you mean when you say the dates are evidenced they didn’t occupy the land.

I don’t understand what you mean in the last sentence about Romford Housing Association and Home Zone.

I don’t actually know what you are appealing against.

I need the full background in detail please.

Customer: replied 8 days ago.
My case is ADVERSE POSSESSION of land
By law 12years is required
For me that was 1977to 1989
I made a application to land registry in 2014 to claim land under the old law
It was objected to by Bromford Housing association who is the registers owner from 2011
Before Them Home Zone Housing in 2003
Before Them Lichfield council. Housing 1996
Here is the mystery First Redistration was in 1996 by Lichfield Council
They WAS CLAIMING ADVERSE POSSESSION of the LAND
GOING Back 12years From 1996 their Start point is 1984
THAT coincides With My ADVERSE POSSESSION from 1977 to 1989
My TIME Was ON UNregistered Land
The Point is with These Facts about the DATES
Is This An ERROR of LAW which I Can Use in My APPEAL
I Need good REASONS is this One Any Good to Send in
Expert:  F E Smith replied 8 days ago.

I am fully aware of the 12 year period for adverse possession of unregistered land.

What is problematical for you is the fact that you have waited 29 years to register your adverse possession claim and meanwhile there was another claim for adverse possession and several changes of ownership since then.

Whether your appeal to the Land Tribunal is successful enough will depend on how they view the 29 years delay and what evidence there is of your adverse possession from 1977 to 1989 and the local authority adverse possession from 1984 to 1996.

It is apparent that they must have approved to the satisfaction of the land registry that they had occupied the land and treated it as their own for the requisite number of years.

What you haven’t mentioned is why you didn’t apply to register this 29 years ago.

This 29 year delay is really important because there is a legal maxim, “equity will not suffer delay” and the 29 year delay could well be enough to defeat any claim that you bring even if your claim is legitimate.

Customer: replied 4 days ago.
29 years had passed as you say but I didn't know anything. About ADVERSE POSSESSION of land else I would have applied for it in1989
I can't find any information as to any time limit as you said in your reply
Could I over turn Lichfield Council first registration of land in 1996 if I supply the evidence
I have 6 witnesses with written statements to prove my ADVERSE. POSSESSION