Adverse possession advice

skevvybritt

Thanks so much guys that's really helpful. Will talk to the OH and hopefully we can get this sorted! And yes, we took photos a while back

steampowered

As you have recently bought the property it will be registered. It is much more difficult to claim adverse possession than it used to be for registered land, as if they tried to claim that you would have an opportunity to object.

I agree with the other posters ... if he didn't register his agreement with the land registry, tough luck.

gettingtheresometime

I'm a little confused (doesn't take much!) but what exactly was the agreement?

If the neighbours using your land (known as A) are saying that the former owners (known as said A could use the land until B sold it then as B sold the land when they sold the house doesn't the agreement come to an end? At which point I'd be saying get off my land in my best Peggy Mitchell voice

skevvybritt

gettingtheresometime wrote: »

I'm a little confused (doesn't take much!) but what exactly was the agreement?

If the neighbours using your land (known as A) are saying that the former owners (known as said A could use the land until B sold it then as B sold the land when they sold the house doesn't the agreement come to an end? At which point I'd be saying get off my land in my best Peggy Mitchell voice

Appreciate its confusing! They say that the agreement was that A could use the land until A sold their property - not B. Sounds far fetched to me!

G_M

* you have bought a lease that includes the garden
* the garden is defined on the lease Plan registered with the Title at the Land registry
* The Plan shows the 'additional' fenced off section belongs to your Title
* the Title shows no rights (access, use, etc) to any other person
* owning the property as leaseholder as opposed to freeholder is irrelevant
* the neighbours cannot produce any contract granting them a tenancy or licence to use that section
* the sellers made no declaration during the sale to the effect that such a tenancy or licence exists
* a fence proves nothing in terms of right to occupy
* a gate in a fence likewise proves nothing

From all the above, it appears the neighbours are trespassing. It is therefore for them to prove they have a right to be there.

Having said that, neighbour disputes can be a nightmare in terms of
a) time to resolve by law
b) cost to resolve by law
c) stress and unpleasantness

so a tea and cake approach, to reach an amicable understanding, is by far the best way forward.

Perhaps offer them a timeframe within which to remove their shed and other property?
If they are growing vegetables, offer to let them continue till everything is harvested eg the autumn?
offer to bear the cost of removing the fence and erecting a new one between that section and their garden (so their own costs are minimised)?

It certainly might be worth finding out from your sellers if such an agreement was reached, either by asking them if you are in touch or have contact details, or via your conveyencer and theirs. But be aware that:
* they may not want to get dragged into a dispute
* if such an agreement was reached, they may not admit it now, since that would open them up to a claim from you for failing to declare it during the sale

Be aware also that if you have a mortgage, the lender might not be too happy to discover that the property is subject to such a restriction...... indeed, if your solicitor also acted for your lender, if he finds out about this he may have a duty to tell his other client - the mortgage lender........

Any claim they made for Adverse Possession would likely fail ince the LR would contact you as Title owner, and you would object.

https://www.gov.uk/government/publications/adverse-possession-of-registered-land

skevvybritt

G_M that's incredibly helpful, thank you. I've emailed my freeholder to see if he has any record of the agreement. If nothing, I'll follow the tea and cake approach suggested. Thanks again to everyone, it's very much appreciated!

AdrianC

skevvybritt wrote: »

Appreciate its confusing! They say that the agreement was that A could use the land until A sold their property - not B. Sounds far fetched to me!

If there IS such an agreement, then that would knock any adverse possession claim straight on the head, in and of itself.

So they're stuck any way from that direction.

But your question is more one of whether that agreement exists and, if so, how it can be terminated. And, really, you need to see the agreement for that.

You have a claim against the neighbours, for not being given vacant possession, if it does.

One question... Did your solicitor go over the LR map with you, before exchange, to confirm that your belief as to the extent of the plot tied up with the map? If so, then how did the use of the end of the garden by the neighbours fit with that?

G_M

AdrianC wrote: »

.
You have a claim against the [STRIKE]neighbours[/STRIKE]vendors, for not being given vacant possession, if it does.

One question... Did your solicitor go over the LR map with you, before exchange, to confirm that your belief as to the extent of the plot tied up with the map? If so, then how did the use of the end of the garden by the neighbours fit with that?

Solicitors rarely do this explicitly. Generally they send their client to Title and Plan, and it is up to the client (buyer) to look at the Plan and compare it to what they've seen during viewings.

I didn't mention it in my post (as it's a bit late now) but clearly skevvybritt should have spotted, and queried, this before Exchange.

The solicitor, having never visited the property, had no way of knowing part of the property was fenced off.

skevvybritt

AdrianC wrote: »

If there IS such an agreement, then that would knock any adverse possession claim straight on the head, in and of itself.

So they're stuck any way from that direction.

But your question is more one of whether that agreement exists and, if so, how it can be terminated. And, really, you need to see the agreement for that.

You have a claim against the neighbours, for not being given vacant possession, if it does.

One question... Did your solicitor go over the LR map with you, before exchange, to confirm that your belief as to the extent of the plot tied up with the map? If so, then how did the use of the end of the garden by the neighbours fit with that?

Yep that's correct, the question is how we can get eyes on that agreement if, as you say, it exists.

I don't think we have a claim against the solicitor, I did confirm the plans correlated to the property. It was so overgrown we didn't spot it before sale unfortunately

AdrianC

skevvybritt wrote: »

the question is how we can get eyes on that agreement if, as you say, it exists.

Simple. They show it you.

If they can't, then it doesn't exist.