Claiming land

jblakes

Evening all,

Hopefully this is the correct forum. We have recently moved into a house with abit of land looked after by the previous owner roughlty (4,2.5m) ish. Anyways looking at trying to claim it as been looked after for 15 years by the house we now own. We have been told 1k plus vat ish by solicitors.

Is that the going rate? Does anybody know if the neighbours can appeal this? Two of the four thought we owned it.

Kind regards

grumbler

I don't know the rates, but I'd try to DIY and not to waste money on the solicitor -  at lest because, AFAIK, yes, the current owner can object.

https://en.wikipedia.org/wiki/Adverse_possession#Land_Registration_Act_2002

Jeepers_Creepers

Jblakes.

Do you know who actually owns the land? I mean, who will you be depriving?

I understand the laws on adverse possession have changed fairly recently, in that it is no longer enough to simply 'use' a piece of land as if it were your own, and without the owner's permission/knowledge. Now, I understand you need to take reasonable steps to contact the rightful owner, and to ask them essentially "Is it ok if I have this...?"

I think, ethically, that's a good change. I may, of course, also have got that wrong in a significant way!

I don't know what laws your solicitor intends to use for his £1k, but if he/she is confident of doing this, perhaps they'll do it 'no win - no fee'?

Of course, almost certainly as part of this process, they will end up tipping off the rightful owner of what's happened with their land, so you run a significant (I'd have though) risk of losing it completely.

Tough call what to do.

I'd suggest doing your own research about the changes to these laws, and also ask this solicitor (a) what the chances are of success and (b) how will he get around the changes to the AP law.

I hope they won't say "What changes?!"

grumbler

My understanding is that it's the LR that informs the owner if someone makes an application 

bris

Well you have only just moved in so no. you have no rights as you have not used or kept the land for the required time.

The last owner who used and kept the land had this right, under the right circumstances, you do not.

Come back in 12 years and ask again.

Tiglet2

You could try doing a Map Search on the Land Registry website to find out if (a) it is registered and (b) who owns it if it is registered.  

If it is registered, then the Land Registry will contact the owner if you try to claim it with adverse possession.  In any case, you have not owned the property for 12 years.

If the land is unregistered, then you should be able to claim it in 12 years time.

Did you know part of the land was not owned by the sellers when you were buying the property?  If you did know, why didn't you ask the previous owner to claim possession?