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Land left to me, someone has registered themselves on it !
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Spoke to land registry who say that the law is on the squatters side of non registered land, in their view he is the recognised and registered owner, as his statutory declaration, signed by solicitor is legally binding.
As part of the registration process for this adverse posession, the land registry solicitors served notice to all parties (neighbours in surrounding houses) including my parents for any objection. They had no objections sent back to them. !
They said that i can pursue a legal case against this, but i have to pick up the charges even if the land is given back to me. apparently i have to give an amazingly convincing answer supported by evidence of my parents not registering or maintaining the land .
im so gutted.0 -
God, I bet you are. What was the reason for your parents not objecting?0
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They had emigrated and the tennant diddnt think it was ours anyway. :-(0
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Surely you have that as an argument then? The neighbour would have been aware your parents had emigrated.0
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Apparently not hethmar, they have said its for them to monitor and maintain their own land.
Apparently the new registered owner also has a'title indemnity insurance property' too. to cover me contesting their rights. :-(0 -
You need your parents to notify the Land Registry that they weren't actually served with notice of the possessory title, I would think....0
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God, my blood is boiling for you. Yes, contact LR again and say that they didnt receive the notification - LR will have no proof it was even sent ................0
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They have not had it for 12 years, so they can't have said in their Stat Dec that they have had it... can they? You need to ask the LR for a copy of that so that you can refute it. Will the tenant do a Stat Dec for you saying when it was fenced in, do they have any pictures of kids parties etc showing it was not fenced in at any particular date. It is a matter of collecting the evidence...0
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Im afraid Id be like a dog with a bone over this, but thats me.0
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Sorry that this is off-topic but I hope the OP will not mind.
If anyone owns registered land or property and they live elsewhere, it is essential to update the address at the Land Registry so that notices are sent to the correct address. This particularly applies if property is let as it is not unknown for tenants to purport to be the owner and try to sell the property.
It is also worthwhile to use the voluntary system for land registration if the property is not yet registered as this will save fees in the long run and avoid the position that the OP is in.
OP, really feel sorry for you and I don't know the answer but I think specialized legal advice is required.
bw
terryw"If you can bear to hear the truth you've spoken
Twisted by knaves to make a trap for fools"
Extract from "If" by Rudyard Kipling0
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