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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2456
Experience:  Over 5 years in practice.
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I have a claim possession on land attached to my title which

Customer Question

I have a claim for adverse possession on land attached to my title which I have objected to. The matter is to be referred to tribunal and I have a question about the strength of their claim and my objection and potential costs should my objection not be upheld.
Submitted: 1 year ago.
Category: Property Law
Expert:  propertylawyer replied 1 year ago.

Hi Paul

Do you have further details to see if I can assist.

Customer: replied 1 year ago.
I'll try to keep this as a summary but if you need more details please advise. I have also attached his claim and our objection.The person behind us bought the land in 1982. In his claim he states he installed a wire fence to prevent people accessing his land and to contain livestock he had on his land, then in the late 1980's planted a row of leylandi as a wind break.Our houses were built in 1999 and the fence line was approx 3m in front of the leylandi, (We assume due to three mature trees behind the leylandi). In October 2015 the person behind cut the leylandi down and is attempting to obtain this land through adverse possession of land registered prior to 2002We've disputed the claim as we believe he hasn't had exclusive access to this land post 1999, (One of the properties built has gated access to the land and in his sworn statement has acknowledged garden waste from the houses has been put on the land). We also don't believe he has shown intent to possess the land as the fence and leylandi he instated prevented his access to this section of land. We have provided photos of the leylandi prior to them being cut down and have also submitted his arboricultural assessment and title plans for the development which show this as a continuous row and is described as such in his report. Further to this his plans for the development show the houses being built within his title boundary, no part of it extends onto the area of land in question.Based on our understanding of the requirements for adverse possession we believe we have a strong case but have concerns that the tribunal panel may take his word on his ability to access the land between 1982 and 1999 regardless of the leylandi/fence being in the boundary position. If this is the case we have concerns over our exposure to his legal costs. From reading various historical case summaries it appears the costs are limited to costs associated with the matter after it's been referred to the tribunal, his costs associated with preparing the sworn statement prior to this would not be included but we're not 100%.Thanks
Expert:  propertylawyer replied 1 year ago.

Hi Paul

Sorry. I cannot answer the questions on court proceedings and costs. I will opt out to let another expert advise you.