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wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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WINGROVEBUYER – Adverse Possession - BONUS
I wish WINGROVEBUYER to answer this question, as he has proven to have such expertise in this area of law through many previous questions asked.
I will give you a good bonus and rating dependant on the answer as always
I would like to ask you another question about Adverse Possession - You were so good last year.
I have posted this as a new question and as an answer to a previous question. I am unsure how to ensure it gets to you (Wingrovebuyer) to answer)
The question regards ***** ***** piece of land that I APed in 2011 and with which I had quite some tussle back in March 2013 for a few months and with which you were so helpful. The Council finally accepted that they did not possess any deeds for the land and the charges of criminal damage levelled at me by the Police for clearing some undergrowth, wild trees etc were dropped.
I have fenced the area off, planted a beech hedge around it too. Install a farm gate (padlocked) and sown grass which we regularly mow, flowers etc, etc. It looks a treat - like beautiful parkland instead of the old fly-tipped infested wasteland of so many decades.
Recently (last 1-2 months) the Council has been sending Japanese Knotweed experts and surveyors to look at "my" land (they own the bits either side) and have responded to a FOIA request I made (thanks for teaching me about this) stated in very vague, sparse terms that they are doing a feasibility study on all the land (including the bit they admit they do not own) to look into considering building on all of it.
I tried to stop them coming on the bit that they don't own and of which I am in adverse possession, but the police stated that they would arrest me if I sought to stop them on the grounds it would disturb the peace...
Today, some small estate agent from Oldham has stuck up a sign "For Sale or To Let". The estate agent's website is very minimal - it does not even give their address (though it can be found through Google and a friend called and they gave it over the phone).
My friend has asked the estate agent (manager) to call him back to discuss what they are doing. They promised to do this by 3pm, but have not done so, so far so I wonder if the agent is not just a front (for the Council?).
I have 2 questions
1) How should I approach what this estate agent appears to be doing? I have carefully taken the For Sale / To Let sign down and stored it (no damage). I suspect that I cannot force the agent to divulge the details of whoever is asserting they own it and so can sell it, if this is a private individual. Though It seems very unlikely that any private owner would have popped his head up at this very late stage and I suspect their ownership will be questionable.
I have APed the land and am in occupation. It is not a residential dwelling and so the squatting cannot be illegal. Would they not have to evict me first via a Court and at the Court prove their ownership?
2) I had assumed a CPO (Compulsory Purchase Order) was being considered for this land (I am just the adverse possessor). I have turned it into parkland for now, I had intentions to build on it over time.
a) What right do I have to stop people coming onto land that I am APing?
b) If I have viable plans for the land, what defence might I have against any possible CPO?
Thanks again for all your advice. I will tailor the Bonus to fit your response. This is an area of law you have had so much expertise in the past, I would prefer that you answer it to any of the other experts on this website
Thanks, Andrew
wingrovebuyer :

Hi Andrew - have replied on the other thread. David

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