Adverse Possession

raddy59

We have a woodland out the back. Not sure who owns it, so years ago put a shed out there, we cut back the brambles every year, planted some apple trees. It's a haven for hedgehogs, squirrels, pheasants, all kinds of birds. Anyhow, a developer is moving in - despite the approved plans saying the woodland would be left, they have been busily chopping down trees probably to avoid the March 1 deadline for wildlife. It's bl**dy criminal

Anyhow, somebody mentioned why didn't I claim adverse possession?
1. What is it?
2. Does it take long?
3 Can I do it?

Need to know quickly - if I can hold them off to march 1st it might buy me time

ashe

If the developer has moved in surely they now own it?

davidmcn

If the developer doesn't own it (or at least is in a contract to buy it from the current owners), why on earth would they be chopping down the trees?

Have another look at the planning application - who is stated to be the owner?

Trapdoor

Good luck with trying to go down any sort of adverse possession route with Land Registry.

We are in almost exactly the same situation and have maintained unregistered wooded land behind us at some significant cost over the past 20 years (previous owner believed the land belonged to our property, but there was no title deed). We took this to LR by way of our solicitor back in 2015 with evidence of use, maintenance and costs but it was rejected this year (yes, it took that long) because we hadn’t erected a fence to bound the land to exclude access to anyone else.

Reason we hadn’t was due to the wildlife - we get lots of deer and other animals and we wanted always to ensure they enjoyed the land too!! But as far as LR are concerned, to take adverse possession the land must be fenced or walled in with a hard boundary.

It was even taken to the commissioner who found in LR’s favour, purely because of the boundary.

Don’t forget, to even consider adverse possession you must be able to show uncontested use for the past 12 years.

Davesnave

If you are sure the developers are breaking the conditions of the planning consent, contact the council. This would be more effective than trying to stall them with a hopeless legal claim on the land.

Davesnave

Trapdoor wrote: »

But as far as LR are concerned, to take adverse possession the land must be fenced or walled in with a hard boundary.

It was even taken to the commissioner who found in LR!!!8217;s favour, purely because of the boundary.

Erecting a fence wouldn't have kept deer out unless it was very tall. Other animals could be accommodated quite easily. I have foxes and badgers going under my fences nightly.

Erecting a fence is expensive, though.