Land - Right of Use?

MeMe99

I'm looking at purchasing a house that has 'right of use' to a piece of land to the side of the property. The current owners have used this land for parking for over 20 years and since they have used it for so long they apparently have a document which states this is now their land.

Could there be any issues with transferring this land to me if I purchase the house? I know this is a matter for the solictors but would prefer to know before any costs are incurred.

The concern I have is, this piece of land could be used as an access should the original landowner decide to build on the field behind the property.

mostlycheerful

“The current owners have used this land for parking for over 20 years and since they have used it for so long they apparently have a document which states this is now their land.”

This could go either way. Possibly they’ve asserted adverse possession or are implying this without actually having asserted it as such, which allows a claimant to own land after 12 years (30 years for crown property) but there may nevertheless also be public right of way and wayleaves and such like that nevertheless preserve your right to use it.

Alternatively you could try negotiating with them about it rather than jumping straight into legal shenanigans which may cost you lots of money and effort and all for nothing if you lose your case. A lot of people lose a lot of money paying bogus lawyers who tell you that you’ve got a good case and then happily charge you a grand every time they burp and £300 every time their secretary puts a stamp on a letter. Nice work if you can get it but watch out for being led up the garden path and bled dry which happens a lot to novices and people who are not aware of this aspect of law.

So do lots more research yourself about this particular place and also research the subject generally and look up the precedents that other people have won and lost and then you’ll know what to say and do and what all the terminology and legal jargon is and what’s possible and how it often pans out. Once you’ve educated yourself about it you may find that in fact you know more about it and can articulate it better than the solicitor and the other side which is an interesting and powerful scenario to get into should you wish to pursue it further. However, it can also just turn into a load of tedious silliness and nonsense and even lies and gross ignorance and rudeness and aggression and threats so sometimes these situations are more trouble than they’re worth to sort out. Sometimes after a lot of faffing about you get the result you wanted but in fact it’s just a dismal Pyrrhic victory and you regret the whole wretched affair cos of the amount of time and effort and money and blood and spirit it’s taken out of you.

Let us know how you get on. Good luck.

DVardysShadow

MeMe99 wrote: »

... The current owners have used this land for parking for over 20 years and since they have used it for so long they apparently have a document which states this is now their land.

"...the settlement of the Czechoslovakian problem, which has now been achieved is, in my view, only the prelude to a larger settlement in which all Europe may find peace. This morning I had another talk with the German Chancellor, Herr Hitler, and here is the paper which bears his name upon it as well as mine (waves paper to the crowd - receiving loud cheers and "Hear Hears"). Some of you, perhaps, have already heard what it contains but I would just like to read it to you (proceeds to read the agreement). [...] We regard the agreement signed last night and the Anglo-German Naval Agreement, as symbolic of the desire of our two peoples never to go to war with one another again.

Documents, eh?

Richard_Webster

Sorry, but in this sort of case you will simply have to get your solicitor to look at all the relevant paperwork and advise you. Without full information as to exactly what the sellers have done, whether or not they have registered a possessory title etc, all we are doing here is speculating.

Go and see a solicitor.

MeMe99

Thank you for you replies.

I have spoken to the estate agent and have been advised that the vendors would apply for possessory title once an offer has been accepted, they must not have any legal docs now. I was told the possessory title could take up to 12 weeks.

Apparently the land is owned by the neighbour who I believe is unaware of this as they have recently erected a dividing fence. As soon as the vendors apply for the possessory title the owner will become aware that they own the land. Is it likely that the possessory title would not be obtained if the owner objects?

I was wondering if it would be better (and quicker) if possible to purchase the land from the owner at the same time as the property. What complication would this cause? Would this also take 12 weeks?

mostlycheerful

“I have spoken to the estate agent and have been advised that the vendors would apply for possessory title once an offer has been accepted, they must not have any legal docs now.”

So they don’t have title but think they might be able to get it.

“The concern I have is, this piece of land could be used as an access should the original landowner decide to build on the field behind the property.”

Indeed. And whether or not they do any building it is possible that they will continue to have the right to use their own land to access the rest of their own land whether or not other people have also been using the access bit. Would a court grant an adverse possession claim that then stops the original owner being able to access their other land? Surely not. Except that the law is an @ss so anything’s possible and there are plenty of absurd unfair loony decisions handed down all the time.

“Apparently the land is owned by the neighbour who I believe is unaware of this as they have recently erected a dividing fence.”

Putting up the fence may be considered to be asserting their ownership and demonstrating their use of the land therefore probably making it not possible for anyone else to claim adverse possession.

Have you looked up what the Land Registry have regarding this property? It costs £4 and you can order the data online. This may or may not show information to inform your thinking and decision making.

“I was told the possessory title could take up to 12 weeks.”

Or many months or even years if the owner challenges it and if there are appeals that go on and on. Possibly they may just let it go if perhaps they don’t care or maybe if they’re old and haven’t got the energy to do anything about it etc – but you’d expect most people would put up a fight. The owner may deliberately obfuscate just to make the whole palaver less attractive and perhaps make the new claimants give up. There are several ways to win a court case and one of them is just to wear out the opposition and make them use up all their available funds and time and energy. If trying to claim the land takes a long time then the new claimants may want to sell their house in the meantime rather than keep it waiting on the off chance that eventually they get title to the extra bit of land which, of course they may fail to achieve. So if they sell their house without the extra land then they may have little or no interest in trying to later claim the extra bit of land. So the original owner may be in a quite strong position regarding hanging on to their land.

“Is it likely that the possessory title would not be obtained if the owner objects?”

In 2003 the law regarding adverse possession was changed in favour of original owners and making it harder for new claimants. If the land in question is part of the plot that the owner lives on or is next to the one they live on then it sounds a bit far fetched to try to assert that they have never used their bit of land in the last 10 years (for claims after 2003, 12 years for claims before 2003), whether or not other people have also used it. But anything’s possible in law so you can’t rule it out. As I previously suggested, have you looked up the recent cases and precedents to see whether owners or new claimants are tending to win in cases like this as this research may partially answer your question?

“I was wondering if it would be better (and quicker) if possible to purchase the land from the owner”

Possibly they may want to sell, but maybe not, so perhaps go and ask them.