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Ask wingrovebuyer Your Own Question
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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There, can you please offer me some advice, my mum has some

Customer Question

Hi there, can you please offer me some advice, my mum has some land at the side of her house, that she has been on since 1976, about 13 years ago, someone recently has bought the land and we have just received a letter from a solicitor stating,
" From investigations it appears that some point between 2005 and 2009 you constructed a patio next to your property on the land which belongs to our client.
Please confirm when this work was done and what permissions you were given and by whom.
We write to advise that you must vacate our clients property immediately, remove any and all structures from our clients property immediately, and reinstate any boundary fencing that existed prior to the construction.
Our Client or his agent may also require access to your property to establish the area of land which has been appropriated in order to calculate the mesne rent and damages payable by you.
Do we have any rights,
should we just come off and put fence back up?
If we have any rights would it be costly?
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.
can you clarify please - what happened 13 years ago? Best, WB
Customer: replied 2 years ago.
Hi my mum has been on the land growing vegetables since 1978 roughly, the solicitor has sent satellite maps dated the year 2000, 2005 and 2009 on this shows where mum had changed her use of the land and created a patio
Expert:  wingrovebuyer replied 2 years ago.
Thanks. Ok, has your mum exclusively occupied this land as part of her garden etc since 1978, without permission and without paying anyone for the right? Best, WB
Customer: replied 2 years ago.
yes she has
Expert:  wingrovebuyer replied 2 years ago.
Ok, thanks. It seems to me that your mother has a strong claim for "adverse possession". This is otherwise known as squatter's rights. Before 2003, where someone exclusively occupied land, without the owner's consent and without acknowledging the owner's title, for an unbroken period of 12 years, then they are entitled to claim ownership of the land under the Limitation Act 1980. Accordingly, if the above conditions are satisfied, then your mum can say she has owned the land since 1990/91, whenever the 12 year period expired. I suggest she writes back to these solicitors and says she owns the land via adverse possession arising due to her use and occupation of the land since 1978. There may be a fight over this, but she would appear to have a good argument to keep the land. Hope this helps. WB
Expert:  wingrovebuyer replied 2 years ago.
Hello - has this answered your question? If so, please leave a rating. Best, wb
Expert:  wingrovebuyer replied 2 years ago.
Hello - can you leave a rating please, as JA won't pay me for helping you until you do. Thanks! WB