Adverse possession

Nobbie1967

Presumably LR have sent the info about your claim to the council who will reply stating that they do object to you having the land. I don't see how the claim can be successful unless the council fail in their duties (always possible)

I have a similar piece of council land in my garden, but would have no expectation of an application bringing successful. Keep us updated on progress, but I'm sure you'll be disappointed.

Rosierees123

If you have a piece of land that you have used , fenced off , no other access the law states that after 10 years you can claim adverse possession that's all going through ok but our upset is the current tenants ripping down the fence etc before its sorted i

Mojisola

Rosierees123 wrote: »

Hi help please we have maintained and used as our own a small piece of land attached to our garden for the last 16 years and it has always been fenced off in favour of our garden

Rosierees123 wrote: »

If you have a piece of land that you have used , fenced off , no other access the law states that after 10 years you can claim adverse possession that's all going through ok but our upset is the current tenants ripping down the fence etc before its sorted

You have already met the qualifications needed for adverse possession.

Your neighbour's criminal damage doesn't alter that.

Rosierees123

So what are you suggesting we should do ? Thanks

Mojisola

Rosierees123 wrote: »

So what are you suggesting we should do ?

I'd be getting the police involved in the criminal damage aspect.

Put a temporary fence up along the line of the other one (even if it's just a row of pallets) - if you can set up cctv to catch the neighbours tearing that down as well, it will help with the police investigation.

Unless the council objects within the timeframe, the LA will register the land as yours.

The tenants don't own the land so their objections don't count.

What will be a different matter is living next door to people who have shown themselves to be willing to take forceful action.

unforeseen

Rosierees123 wrote: »

If you have a piece of land that you have used , fenced off , no other access the law states that after 10 years you can claim adverse possession that's all going through ok but our upset is the current tenants ripping down the fence etc before its sorted i

As the claim is still going through then the current owner is still within their rights to reclaim it. Could it be argued that the tenants are working on behalf of the owner by physically reclaiming the land by taking the fence down?

Rosierees123

Land reg sent out and ordanace survey chap who took photos observed fences etc and confirmed the trees etc were of that age in our Fenced off part of garden etc etc you also have to send in a statement of truth which enabkes you to be prosecuted if telling untruths

Mojisola

unforeseen wrote: »

As the claim is still going through then the current owner is still within their rights to reclaim it.

Could it be argued that the tenants are working on behalf of the owner by physically reclaiming the land by taking the fence down?

No. ................

Rosierees123

No I'm sure that is not the legal way to do it !!!

DTDfanBoy

Rosierees123 wrote: »

So what are you suggesting we should do ? Thanks

If I were you I'd hold fire until the adverse possession claim is determined, their removing of the fence will play no part in the determination and if your claim is unsuccessful it's something they'll legally be able to do anyway.

Can you not keep you chickens contained on your land in the meantime.