Adverse possession or wait for boundary dispute

Davesnave

While an extra 10' might allow the developer to squeeze an extra property in somewhere, they probably won't want to get into a costly and protracted dispute over such a small amount of land.

After all, it would only take one householder to succeed in claiming adverse possession, for a kink to be put in that straight access road. It's therefore a possibility that the plan showing a straight road is just a working document for planning purposes at this stage.

The people who were using the grazing land are good allies here. They have no vested interest and it sounds as if their memories go back a long way. I wonder if they are being compensated for the loss of grazing by the change in land use. Someone I know received £34k as a result of losing their long-term grazing like that; £1k for every year they'd had stock in the field.

70sthrowback

Hi all thanks for the replies...

The tenants of the land do not want to give it up, they don't need the money and 2 of the tenants families have houses that back on to the land. So they are going to fight planning permission.

As for the question about the titles, yes they do have them for example one has found that they have right of way access to a well in the middle of the grazing land. However I think they wouldn't have initially realised as their back gardens are all in line. Its only when you go 3 houses up you can see where the original boundary was. Not something you would check when you are moving in.

Also complicated by the different ages of the houses. Some are 170 years old, some 100 years old. So they have been added to and are not all in a line if that makes sense. So having different sized gardens wouldn't necessarily ring alarm bells.

Konark - this is definitely the case in terms of fenced off and used. As suggested before I think legal advice on next steps and the adverse possession question is the best way forward.

Thanks again

J_B

Maybe a google satellite photo would help us?

How long have the 'grazers' been using the land?
Do they have any agreement with the church?
Maybe (?) they have a 'permanent' tenancy?

70sthrowback

I don’t really want to put up any details in case this does become a legal case. I was really looking for advice of whether in general a pre emptive adverse possession claim would be better than getting into a boundary dispute once plans have been submitted.

It seems the answer is they may be able to claim it but legal advice is required.

Thanks for the assistance all

J_B

70sthrowback wrote: »

I don’t really want to put up any details in case this does become a legal case.

Understood. Dare I ask as to where in the UK you are?

Maybe getting a local 'land agent' involved would be cheaper than a solicitor for initial advice?

Don't know if this website is helpful ...
http://www.uklandandfarms.co.uk/findagent/