FOR LAND REGISTRY REP please

ging84

https://forums.moneysavingexpert.com/discussion/4964026
everyone told you on the old thread here to try and resolve your issue with smiles and cups of tea, but you decided you wanted your tiny little war with your neighbour, well this is what you get.

silvercar

In retrospect, if the neighbour is on her way out and her house does not increase in value by the addition of the disputed land, it may have been easier to wait until her demise and then grab back the disputed territory. If her heirs became aware chances are they would not have been bothered.

cbrown372

silvercar wrote: »

In retrospect, if the neighbour is on her way out and her house does not increase in value by the addition of the disputed land, it may have been easier to wait until her demise and then grab back the disputed territory. If her heirs became aware chances are they would not have been bothered.

The OP is hardly in her first flush of youth herself nor does she seem to have actual proof that it ever was hers to "grab back" not that this fact seems to be stopping her.

moneyistooshorttomention

bump for LAND REGISTRY REP

DRP

moneyistooshorttomention wrote: »

bump for LAND REGISTRY REP

OP, you were very confident in the previous thread about your legal position - did you ever get a chance to sit down with neighbour and look at both sets of deeds/plans?

If not it sounds like this will be the biggest step towards resolving amicably (or at least without expending too much cash/blood pressure).

moneyistooshorttomention

I've been there/tried that and it doesn't work:(. I was naïve enough to believe, to start with, that they would accept that I'm now working the whole of my garden and sigh heavily and perhaps ask if they might be allowed to continue to keep their plants there until they die. If they had, I would probably have sighed heavily at having just received an unreasonable request like that and possibly agreed to it.

As it is...they've gone on and on and on and...and been quite verbally aggressive to me on several occasions.

No chance of that then...

DRP

moneyistooshorttomention wrote: »

I've been there/tried that and it doesn't work:(. I was naïve enough to believe, to start with, that they would accept that I'm now working the whole of my garden and sigh heavily and perhaps ask if they might be allowed to continue to keep their plants there until they die. If they had, I would probably have sighed heavily at having just received an unreasonable request like that and possibly agreed to it.

As it is...they've gone on and on and on and...and been quite verbally aggressive to me on several occasions.

No chance of that then...

So you're absolutely sure they have examined both sets of deeds?

Do they disagree with your interpretation of the deeds ?

or

Do they agree and are just being blo0dy-minded?

moneyistooshorttomention

She won't even produce her deeds in the first place.

Bloody-minded about sums it up.

She doesn't do working together co-operatively. Her attitude all round has boiled down to "I will tell you how we (ie her) do things here"....

At one point early on I didn't twig to interpreting what she was saying to me. I have twigged since and it boiled down to a (not very veiled) threat not to try and interfere with the status quo.

Land_Registry

moneyistooshorttomention wrote: »

This is what I'm asking, ie:

1. could her executors continue the process on her behalf if they wished to do so or would they have to "start afresh" (because they are different person/people to her)? a claim is a claim and then treated on merit so if they could show the 'link' between consecutive claims then there may be no need to start afresh

2. would any subsequent owner of her house be able to continue "her" claim for my land if they turned out to be the same sort of person and wanted to try this too OR would they have to "start afresh"? as above

Basically, is this exact particular claim restricted to her only or would executor be able to continue it in her name OR would next owner be able to continue it (or have to start up their own claim if they were wanting to do so)?

I imagine her claim is personal to her as an individual and not a claim the "house" is making iyswim.

(NB; As regards the executors wishing to "add value" to her house by trying to add a bit of my land into what they are selling = my bit of land, of itself, wouldn't affect the value of her house). She's not trying to steal it from me because she thinks her house would be worth more with it. I could understand her thinking on this more if she was thinking "Ooh..if I manage to steal money's bit of garden my house would be worth £10k more", but that's not the case. There would only be the negative effect on her house of the relationship between the owner (whoever it was) and myself unless/until I get my land back.

The previous posts have linked you to the available online guidance around claiming ownership of land etc. This guidance covers the registration requirements by and large and some of the related legal matters but they will only take you so far.

To understand both the registration position and the wider legal one I would strongly recommend gathering the available information re both 'claims' and then seeking legal advice to understand what options are available to you and to appreciate what may be available to your neighbour also.

As you already appreciate the law is very complex on such matters but from a registration perspective there are two key points to appreciate.
1. Every application is treated on merit so rely largely on the evidence lodged to support such an application; and
2. We cannot advise on how an application would be viewed until such time as it is made

I doubt if there is really much else I can usefully add to this thread and I would encourage you to seek the aforementioned legal advice and then to consider making your own application (if so advised or as you see fit)

moneyistooshorttomention

Thank you.

Basically then...someone else probably could continue with her claim, rather than starting their own (oh well...the plus side to that is it will be "done and dusted" and squatters claim rejected sooner than it would be if "stopped and started").

I'm afraid I cant afford legal advice (unlike the "squatter") and hence bedtime reading these days being legal info:(