9 year law on trespass

marie1658

Hi just a question am I right that if a neighbour has trespassed a couple of inches on your land and it has never been disputed until 9 years plus after you lose a legal right on trespassing

suisidevw

You asked this in your other thread? Why's this relevant if the extension/loft has only just been done?

Ozzuk

I think you're talking about adverse possession and its 10 years. There are a number of qualifying criteria, one being the person must have had unrestricted and uncontested access to that land for the full 10 years, ie, if at any time the legal owner gave permission for access then they cannot claim possession. Basically, if they thought they owned it for 10 years and made use of it, and the legal owner didn't realise they owned it, they have a chance to claim it, anything else and it will be rejected.

cyclonebri1

Ozzuk wrote: »

I think you're talking about adverse possession and its 10 years. There are a number of qualifying criteria, one being the person must have had unrestricted and uncontested access to that land for the full 10 years, ie, if at any time the legal owner gave permission for access then they cannot claim possession. Basically, if they thought they owned it for 10 years and made use of it, and the legal owner didn't realise they owned it, they have a chance to claim it, anything else and it will be rejected.

Isn't it 12 years??

marie1658

suisidevw this is nothing to do with loft extention that has been completed within the last 4 weeks . it was just a general question but as I put it on the end of my other post didn't know if it would be seen sorry

Ozzuk

cyclonebri1 wrote: »

Isn't it 12 years??

Pretty sure its 10 years for registered land, could be 12 for unregistered. As they said 'your land' I assumed registered.

cyclonebri1

Ozzuk wrote: »

Pretty sure its 10 years for registered land, could be 12 for unregistered. As they said 'your land' I assumed registered.

The 12 years has been mentioned to me somewhere on here, we are working on that figure as there is an irregularity in my DH deeds/plans. They have infact claimed and fenced of and used a small piece of a farm access track, a triangular section about 12ft side length.
Effectively it straightens out their boundary and forms part of a patio today.

I'll have to check myself as it's been over 10 years but not 12 hence my query,

Ozzuk

http://www.landregistry.gov.uk/professional/guides/practice-guide-4

I think it means if they fenced it off for 12 years then you have no right to object, however, if its for 10 years then they can apply. So if it's between 10 and 12 years then you'll need to act now, I guess by issuing them a letter stating you know they are accessing your land. that would then I think stop the clock on the 12 years, but wouldn't stop them applying. Also, if they did apply, I'm not sure what grounds you'd have to object.

To add, I'm totally no expert, I've just been through something similar and you should get legal advice etc..:)

cyclonebri1

Sorry, we are the party who have this little pocket of land in use, (to keep it clear).

Other property has also changed hands this year with no queries on boundaries.
I think we will let sleeping dogs lie until 12 years has past.