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The land was purchased by Stephen Heenan from John Farqhuar and planning permission granted to build a house. I purchased the house last Xmas along with the land. When the land was sold in 2005 Stephen Heenan built the house but did not assert authority over the small triangular piece of land that exists (this is meant to be the driveway agreed in the planning permission). When I bought the house the boundary line was changed to include this piece of land however upon completion John Farqhuar removed the posts. I was trying to put them back up again tonight and was stopped.
Hello, Thank you for your reply. If the land was sold in 2005 from John Farqhaur to Stephen Heenan does that not show that he did not occupy the land for 10 consecutive years as he sold it? Also I had checked online and in N. Ireland website it stated that adverse possession occurs after 12 years...just checking is this accurate?
Finally, John Farqhuar is stating that even if the boundary line is reinstated that he will oppose the planning permission which states that the driveway into the property is directly opposite his (which is not where it is currently as the existing entrance is a builders entrance), The house however has been built since 2006 and he did not object to planning permission when the plans including the driveway were submitted. Does he have any right to tell me that the driveway must be not be built opposite his when it's in the plans?
Thanks for you help....this was all a shock tonight!
Thanks for your answer. The land was not occupied by him as such, it is used to put horse waste on. Does the fact that Stephen Heenan put up posts to assert his authority over the land and these were removed by John Farqhuar have any bearing? If this is the case and he can sell the land and continue to use it then would the mortgage lender/ acting solictor for the purchase of the land and house not have picked up on this as this potentially meant the house should never have been allowed to be sold or purchased until the dispute settled? I really feel I have inherited a problem!
But if he continued to use this land without the consent of the previous owner and dismantled the boundary line put up by him how could he have been stopped? Surely if that's the case lots of people could pull boundary lines down, use property and claim it as theirs? Sorry for all the questions I'm just not sure where my rights are in all of this.
So if the rightful owner who bought the property failed to do that since owning the land in 2005...and I'm looking to do it now 9 years later...does this count as an objection with the 10 year period? As he sold the land in 2005....and in 2014 I am objecting? Is that all I have to do? Object through my solicitor?