Told I cannot park on unregistered land???

Mojisola

brewthebear wrote: »

I would start the process of adverse possession now

Unless anyideas has fenced off the piece of land and stopped other people using it for 12+ years, it's going to be difficult to claim adverse possession.

Mercdriver

anyideas wrote: »

Hello MercDriver,

It does seem that way...

Keep using it, while demonstrating that you are not obstructing them. Since they don't own the land any more than you do, I can't see what they can do, legally.

anyideas

Hello Mojisola,

But would I still be able to start that process now and wait for 12 years? If I put a gate in the fence so I could drive my car in that would work wouldn't it?

stator

You have to have exclusive use of the land without the landowners permission.
Since the neighbour knows you have no rights to the land, he could just rip up your fence.
The possibility of you keeping exclusive use of the land for 12 years whilst this dispute is on going is slim.

James1968

With the evidence from the previous owner, a claim for adverse possession is worth a punt. If successful, you become the owner and can erect a fence and tell the neighbours to get stuffed.
If unsuccessful, then stop using it.

EssexExile

I wouldn't expect any help from the other party's solicitor, they are working for the other party & will do whatever they can to improve their situation. They have no interest in helping you.

Mercdriver

James1968 wrote: »

With the evidence from the previous owner, a claim for adverse possession is worth a punt. If successful, you become the owner and can erect a fence and tell the neighbours to get stuffed.
If unsuccessful, then stop using it.

The other side cannot control the right to land which they do not own. I think they are trying to argue that no one else is using the land so that they can take ownership by default. I can't see that the OP losing a claim for adverse possession will change the situation. The other side still don't own the land, and only the owners of the land can control rights.

anyideas

Hello Stator,

From reading a bit more about adverse possession I thought that only the owner of the land could tear down the fence if I put one up. If the neighbour did so doesn't that mean he would get in trouble?

If I put a fence up now, and tell the neighbour I am starting adverse possession can he knock it down? If he puts up a fence can I knock it down? It seems a strange way of doing things!!!

Maybe the comments from the Land Registry about m having first interest allows me to start this process without inteference? I'm really not sure!

stator

If you ring up the police and say "my neighbour took down a fence I put up on land I do not own" they aren't going to be interested. They'll say it's a civil matter.

If he puts up a fence to stop you parking there, what are you going to do? It's not a case of 'whoever puts up the fence first wins'.

Adverse possession was not designed as a way of taking land that is not yours and you know is not yours. It would take 12 years and probably fail, it is not a solution to your problem.

Angus_Og

anyideas wrote: »

She has shown me some old maps which suggest that the land was a part of my property at some stage - some 19th Century Ordnance Suvey Maps but it looks like over the years this little pocket has not been registered or was sold on to someone else (which is odd as it would have been a small patch of land unconnected to anything else).

This is the bit you need to focus on and thoroughly explore.