Adverse possession

Caz3121

some reading that includes cases
https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land

babyblade41

I had an adverse possession on my land as the POA's had made a mistake on LR .. I had to get LR surveyors out to come and see what was on the ground and notify surrounding properties to see if there were any discrepancies or objections .. this takes time as LR are notoriously busy .

In your case What has happened now though is the owners have removed that boundary and have done what they wanted to do... legally because they own it.

You should have sorted it out before you bought it and your solicitor should have advised you not to proceed until it was 

Newthings

Tigertailor said:

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.

Thanks, that's the advice given by Conveyancers. 

It wasn't a silly move...we were rushed due to stamp duty otherwise we would of had this sorted. It can take months/ years. 

Newthings

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. 

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

That's not advice....that's you moaning about your car. 

Newthings

I called the police because when there are 3 men with chainsaws hacking the back of your garden which you have no idea about it can be quite daunting.

I couldn't get this sorted before hand as it was a purchase that needed to be completed before the stamp duty holiday. Ideally I would have done. So yes I do acknowledge this would have been better to do before but we had time constraints. We were told it it would 100% slow the sale down.

Has anyone done a historic adverse possession...this was the advice given by chartererd surveyors.

lookstraightahead

Newthings said:

Tigertailor said:

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.

Thanks, that's the advice given by Conveyancers. 

It wasn't a silly move...we were rushed due to stamp duty otherwise we would of had this sorted. It can take months/ years. 

We have just bought a property where all of the back garden except 6 metres belonged to the 'developers' (old properties done up). I noticed it myself on the deeds and wouldn't buy the house until the vendors had the land transferred to them by the developers (who needed to agree) it was their problem and they sorted it prior to exchange, so when we bought the house the land was ours as well.

I would never have exchanged otherwise.  Not even to save £1 million, let alone a few quid in stamp duty.

you knew prior to exchange about all of this. I don't know about ripping up fences , but the rest I don't think you can do anything about.

AdrianC

lookstraightahead said:

you knew prior to exchange about all of this. I don't know about ripping up fences , but the rest I don't think you can do anything about.

The fence is on their land, of course they can rip it up.

lookstraightahead

AdrianC said:

lookstraightahead said:

you knew prior to exchange about all of this. I don't know about ripping up fences , but the rest I don't think you can do anything about.

The fence is on their land, of course they can rip it up.

I meant what to do with the physical fence.

Swasterix

Newthings said:

Tigertailor said:

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.

Thanks, that's the advice given by Conveyancers. 

It wasn't a silly move...we were rushed due to stamp duty otherwise we would of had this sorted. It can take months/ years. 

I’m sorry but it was a silly move. In your haste to save £x in stamp duty, you’ve likely lost xm2 of land and £x from the value of the property. 

AdrianC

lookstraightahead said:

AdrianC said:

lookstraightahead said:

you knew prior to exchange about all of this. I don't know about ripping up fences , but the rest I don't think you can do anything about.

The fence is on their land, of course they can rip it up.

I meant what to do with the physical fence.

Like I said - their fence on their land.