Use of land for 30 plus years..

unforeseen

Adverse possession may not be an option

Central Midlands Estates Ltd v Leicester Dyers Ltd, 21 January, 2003 (High Court).

The court held that a claim for adverse possession failed because on the evidence the defendant had failed to establish adverse possession for the requisite 12 years. In looking at the defendant's claim to have been in possession, the court held that regular car parking on the disputed land cannot of itself constitute factual possession of, or an intention to possess, the land. There has to be something more, such as an enclosure of the land and/or putting up car parking signs, to give some outward indication that the party in possession regarded the disputed land as its own.

G_M

He could make a claim for adverse possession. However


* if the development company can show ownership of the plot, then they can, and would, object, and his application would be likely to fail.
* as others have said, his claim is shaky anyway - 'no mans land'; car parking wihout signage; not fully enclosed; proof of treating it fully as his own property.


But there is more here:


https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land

babyblade41

Adverse possession is a very specialised law and not "i've used this for x amount of years with no problem"
I doubt developers would have gone into this blind and will have had their legal beagles look at everything previously.

If the plans show no building on this plot then I suggest he seeks advice of the professional kind

Brodiebobs

Thanks everyone.

I think professional is the way forward, but doesn’t sound like he has much chance. I’ve emailed the planning dept and asked for details of the plans and that I can’t see the planned sub station on the application to see what they say.

I’ll tell him to make enquiries of his home insurance, thanks for this we hadn’t thought of that.

getmore4less

Check the planning application for the substation.

Brodiebobs

And to clarify it is enclosed, the previous factory fence at their side, then he has surfaced it the same as the rest of his driveway, with a knee high wall separating it from the road at the opposite side the the fence.

You can’t access the land without opening his gates and crossing his driveway. So unless they removed their fence they couldn’t access from their own side, and had used his driveway to get onto it.

Land_Registry

Most have covered it in their replies and linked you to the relevant Practice Guide.
Have a look at PG 52 re the prescriptive (claimed) easement also just in case that needs to be considered as well. If he's not got a legal claim as to ownership he may have acquired a right of way over it?

The law is a very complex one as also posted. And any claim starts with that rather than can it be registered.

The title plan for the developer's land is most probably not available online as it is too large (file size) so if you want a copy then you can apply for one by post

Worth checking to confirm the land is in their title/registered as that impacts in the registration process