Land use by Neighbour... what to do?

bouicca21

https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land

How will he be able to prove he has occupied the land for 13 years? 

PS I think this might be better on the house buying forum, where the land registry have a rep.

searchlight123

i repeat - have you checked your house insurance to see if you have legal cover?
this can be a very useful lever in these types of scenario.

Davesnave

He can't claim adverse possession unless he's had exclusive use of the land. Has he fenced it off to exclude the real owner from it? If so, how long ago has he done this and how do you know? Google Aerial view will maybe be a friend here, but regardless, just because he has or will go to a solicitor doesn't make him right. Solicitors will write whatever tosh he wants them to, if he pays enough!

The land can't become  this chap's without him paying to alter both sets of deeds and with the other hassle you can cause him, it probably wouldn't be worth the cost.

But for goodness sake, get a grip and install something solid  between this land and him, NOW!

Rosa_Damascena

Davesnave said:

But for goodness sake, get a grip and install something solid  between this land and him, NOW!

This means war!

Popcorn time, me thinks.

Keell

He has been using it for 13 year, and the people before were also. You can see from property listing photos.

Keell

Have told him he can’t use it without purchasing it or going for adverse possession... but it needs to be legally transferred to him or we take it back.

Mistral001

What do you mean take it back?  You already have it. 

PS.  I agree with many here.  You cannot get this sorted out by words.  You have to take action.  Also you might resent having to pay for sorting this out, but you cannot afford not to spend money on it, whether it be erecting a fnce or on solicitors, or both.  It could affect the value of your property. 

Davesnave

Keell said:

He has been using it for 13 year, and the people before were also. You can see from property listing photos.

OK he has been using it, but did you read my question which was" "Did he fence it off  from the then owner(s) of your house?"

He has to have had exclusive use to claim adverse possession.

Davesnave

While you may have trusted to luck, other people really do check title documents very carefully before buying. When we bought the property we're in now there was a fault in the title plan caused by an unofficial change on the ground like this person has forced on you. There were also 4 mistakes and an unfair clause in the paperwork covering private drainage.

Guess who had to pay to get that lot sorted sorted out?

Clue: It wasn't us!

Keell

Davesnave said

OK he has been using it, but did you read my question which was" "Did he fence it off  from the then owner(s) of your house?"

He has to have had exclusive use to claim adverse possession.

Yes he has, the builders put the fence in the wrong place when building the houses 18 years ago and no owner of either side has noticed before.