Adverse Possession of a basement

Richard_Webster

You should get your solicitor to check the SPIF - specifically the Arrangements and rights part

Are there any other formal or informal arrangements which give someone else rights over your property?
(delete as applicable) no/ yes (please give details)

Yes, this kind of question should have thrown up an answer of some kind.

Also most questionnaires also include a section about overriding interests (including the notorious Chancel Repair issue) but another overrding intrerest is:

"Rights claimed by any people in actual occupation of the property."

So he should have revealed that some others were in actual occupation of part of the property.

Also this is a rare case where title guarantee may be relevant. If the transfer was with full title guarantee then the following section of the Law of Property (Miscellaneous Provisions) Act 1994 applies:

3.--(1) If the disposition is expressed to be made with full title guarantee there shall be implied a covenant that the person making the disposition is disposing of the property free--

(a) from all charges and incumbrances (whether monetary or not) and

(b) from all other rights exercisable by third parties

It seems unlikely that he could wriggle out of all these points.

You may well have a case against the seller if he acquiesced in the neighbour's use of the cellar. If he can prove that they only used it with his permission then let him produce the proof, but he would probably still be liable to you for the cost of removing them.

Problem is that if you go to court he may have no assets upon which you can fix a judgement for your loss.