Adverse possession

Newthings

I hope I can get some guidance!

3 weeks before purchasing a house, the estate agent had informed us that 6m of the back garden was going to be removed. The property developer at the back wanted it angled  so in line with the title plans after 45 years. The vendors gave a verbal agreement to the property developer but nothing captured in writing.

(Backgound info:
The previous owners had fence panelling which ran straight across the garden since 97', which is not shown on the title deeds but they have a lot of evidence to show its been untouched since they bought they property. They previous owners explained it had been squared of before they even bought the property so a total of 45 years).

I spoke to my solicitor who explained about adverse possession and how we could go through the rigmarole of getting this sorted. I contacted the estate agents to ask the vendors not to amend the garden and we would take on the issue when we purchased it. They vendors agreed and we continued with the purchase.

We bought the house a couple of days ago and yet to officially move in. To our horror we were informed by our neighbour that someone had chainsawed the back fence off. We called 101- the police took details, we fixed the panel and added signage to explain the police had been notified.

Yesterday our neighbour alerted us that three men with tools were ripping off our entire back garden panelling. I called the police and quickly rushed with my mother to the house. The property developer explained there was an agreement with the previous owner to amend the garden and he has every right to amend the fence as it was on his land. 

We explained to the police we had not been notified of any work being carried out. The officer asked for the most recent title plans, he took a look at then and agreed with the property developer to adjust the garden. 

We were absolutely shocked. I said to the officer that even though the title plans reflect this it doesn't mean they are the most up to date or accurate. Thats even explained on gov.uk. Police said we couldn't tear it down and if we did we would be charged with criminal damage. I said this needed to be settled between our solicitors but the police weren't listening.

I dread to think if me or my mum were in the house by ourselves when this happened. My mum is a frail lady and I know this would of been enough to give her heart attack.

The previous owners got in contact and are filling in an adverse possession form. They explained they hadn't told the property developers that they weren't continuing with the garden amendment at the time as the sale of the house went through so quickly. 

Any advice on the situation.

I feel like I need to make a complaint to the police.

AdrianC

Newthings said:

3 weeks before purchasing a house, the estate agent had informed us that 6m of the back garden was going to be removed. The property developer at the back wanted it angled  so in line with the title plans after 45 years. The vendors gave a verbal agreement to the property developer but nothing captured in writing.

(Backgound info:
The previous owners had fence panelling which ran straight across the garden since 97', which is not shown on the title deeds but they have a lot of evidence to show its been untouched since they bought they property. They previous owners explained it had been squared of before they even bought the property so a total of 45 years).

I spoke to my solicitor who explained about adverse possession and how we could go through the rigmarole of getting this sorted. I contacted the estate agents to ask the vendors not to amend the garden and we would take on the issue when we purchased it. They vendors agreed and we continued with the purchase.

We bought the house a couple of days ago and yet to officially move in. To our horror we were informed by our neighbour that someone had chainsawed the back fence off. We called 101- the police took details, we fixed the panel and added signage to explain the police had been notified.

Yesterday our neighbour alerted us that three men with tools were ripping off our entire back garden panelling. I called the police and quickly rushed with my mother to the house. The property developer explained there was an agreement with the previous owner to amend the garden and he has every right to amend the fence as it was on his land. 

We explained to the police we had not been notified of any work being carried out. The officer asked for the most recent title plans, he took a look at then and agreed with the property developer to adjust the garden. 

We were absolutely shocked. I said to the officer that even though the title plans reflect this it doesn't mean they are the most up to date or accurate. Thats even explained on gov.uk. Police said we couldn't tear it down and if we did we would be charged with criminal damage. I said this needed to be settled between our solicitors but the police weren't listening.

I dread to think if me or my mum were in the house by ourselves when this happened. My mum is a frail lady and I know this would of been enough to give her heart attack.

The previous owners got in contact and are filling in an adverse possession form. They explained they hadn't told the property developers that they weren't continuing with the garden amendment at the time as the sale of the house went through so quickly. 

Sounds like the developer has the right of it here, tbh.

You bought a plot, in full awareness that the plot would not include the last 6m of the fenced-in land.

Your solicitor confirmed the extent of the title with you during conveyancing.

The previous owner of the title you bought may have had the right to adverse possession, but hadn't done anything about it.

The owner of the disputed land has now asserted their ownership, and removed the fence that's on their land. They have no obligation to notify you.

There may not have been a possibility of adverse possession anyway, due to an agreement between that land owner and the previous owner of your title.

user1977

And I'm not sure why the police are getting involved at all. The developers are allowed to remove fencing on their land. Even if you disagree that it's their land, you have civil remedies to sort it out, I can't see there's a crime involved. 

AdrianC

user1977 said:

And I'm not sure why the police are getting involved at all.

Sounds like the OP called them, presumably alleging criminal damage to his fence.

I can't see there's a crime involved.

...and that was their reply...

diggingdude

I'm guessing the OP probably claimed something like "frail mother, heartattack, thugs etc". That's why you got a police response but no one came when my car was broken into on CCTV. 

It's their land. Don't try and steal it. Too late now 

ashe

Under adverse possession laws now anyway don't you need to write to the landowner? cant see him agreeing to it. 

Thrugelmir

Newthings said:

I feel like I need to make a complaint to the police.

Why waste more of their valuable time? 

Ally_E.

You got yourself into a boundary dispute and this will make it so much harder to sell the property. You need legal advice. 

user1977

diggingdude said:

I'm guessing the OP probably claimed something like "frail mother, heartattack, thugs etc". That's why you got a police response but no one came when my car was broken into on CCTV. 

I expect they'll turn up to this sort of incident if only because they have a tendency to escalate into an actual crime.

Blue_bell_20

I think only the previous owners could have applied for the adverse possession, at the time they owned it. I don’t think them applying for it retrospectively after selling the house would work. 

Also by the previous owners agreeing to give it back, even verbally, could have just made it all redundant for them to then attempt adverse possession. 

Tigertailor

I think you were a little silly to not tie up the adverse possession in your purchase actually, it would not have slowed down your sale.(it didn't for us) And the conveyancer could have highlighted this better for you perhaps.

We had similar but was a piece of land unregistered within our title. We had this tied into the purchase and all work to acquire it happened after the sale but the prev owners had to apply for the adverse possession, with affidavits etc from themselves and previous owners to them, to prove it was used as part of their land. 9 months later we had the title. I would go back to your conveyance and see if there is anything that can be done.

I believe there is still the ability to apply for a historic adverse possession from the previous owners but you will need to look at the adverse possession yourself with a clear unbiased head. Also, from recollection, an adverse possession does not 'die' with a successive owner, it is the land that is 'possessed for 10 years'(since the 2002 Act)and can be shown to be (by being fenced) and without permission which seems as though you can.