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GervisLooper
Forumite Posts: 104
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I am interested in perhaps starting adverse possession on some land including a main property which my mother has pointed out to me. It is probably a couple of acres with much of it woodland and a dilapidated derelict building, some outhouses which used to house animals and a rotted caravan with about a foot deep of pigeon muck.
With adverse possession what would count as vandalism and what would count as doing up the property/land to a serviceable level?
There used to be a tarmacked track but it is so overgrown now with moss and other plant life as well as rotten fallen trees you cannot see the majority of it or have any idea where it leads or that a track even existed if you were looking from the main turn off.
Now if I wanted to start living there and working the land myself is that considered acceptable and not vandalism? How does the law discern between vandalism or not vandalism. Couldn't the original owner deem that any leaf disturbed from its current state would be vandalizing their property. Also what of the caravan, outhouses and main property?
To begin would I just put up a notice on the existing fencing saying I am taking possession and take a photo of myself with day's date (perhaps newspaper) on it? Then just begin working on fixing the place up depending on the answers to the above queries.
I checked the land registry on the gov website and it didn't give much information freely, only that it had be valued at almost £200k about 6 years ago. The title information and such I would have to sign up and pay for which I have not done as yet.
My mum, having lived in the area a couple of decades odd, has told me that no one has lived there for years and what she thinks has probably happened is the original owner died and no one else claimed it or it passed to children who have not wanted to do anything with it. That is just her best guess.
Do I have to tell anyone else or the government I have started living on it? I did read up on adverse possession earlier and saw you do tell them at some point but as I read it that is only once the 10 years had elapsed and you wanted to claim the title. Is that right?
Or do I have to inform the government right away at which point they will tell the existing owner that it is occurring.
How will the owner likely find out given in either eventuality above being the case? Also how long would I likely have to live there if they ensue proceedings against me. I am not too bothered or invested in it if it were to be challenged. It has just been going to ruin for years now from what my mum has said and since I just came to live with her again and looking for somewhere to work some land we thought this might be an opportunity.
If it let me do that for x months or years and then challenged that would be fine. Just interested to know the likely course of events over how long.
With adverse possession what would count as vandalism and what would count as doing up the property/land to a serviceable level?
There used to be a tarmacked track but it is so overgrown now with moss and other plant life as well as rotten fallen trees you cannot see the majority of it or have any idea where it leads or that a track even existed if you were looking from the main turn off.
Now if I wanted to start living there and working the land myself is that considered acceptable and not vandalism? How does the law discern between vandalism or not vandalism. Couldn't the original owner deem that any leaf disturbed from its current state would be vandalizing their property. Also what of the caravan, outhouses and main property?
To begin would I just put up a notice on the existing fencing saying I am taking possession and take a photo of myself with day's date (perhaps newspaper) on it? Then just begin working on fixing the place up depending on the answers to the above queries.
I checked the land registry on the gov website and it didn't give much information freely, only that it had be valued at almost £200k about 6 years ago. The title information and such I would have to sign up and pay for which I have not done as yet.
My mum, having lived in the area a couple of decades odd, has told me that no one has lived there for years and what she thinks has probably happened is the original owner died and no one else claimed it or it passed to children who have not wanted to do anything with it. That is just her best guess.
Do I have to tell anyone else or the government I have started living on it? I did read up on adverse possession earlier and saw you do tell them at some point but as I read it that is only once the 10 years had elapsed and you wanted to claim the title. Is that right?
Or do I have to inform the government right away at which point they will tell the existing owner that it is occurring.
How will the owner likely find out given in either eventuality above being the case? Also how long would I likely have to live there if they ensue proceedings against me. I am not too bothered or invested in it if it were to be challenged. It has just been going to ruin for years now from what my mum has said and since I just came to live with her again and looking for somewhere to work some land we thought this might be an opportunity.
If it let me do that for x months or years and then challenged that would be fine. Just interested to know the likely course of events over how long.
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Comments
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Where on earth have you been getting your information from that says put up a notice saying "I am taking possession"? The idea, if you intended adverse possession, would be that nobody finds out so there was less chance of you being removed.
If you decided to "start living there and working the land" it would be considered squatting.
It's registered land, which means that whenever you decide you want to claim adverse possession - after having exclusive use for 10 years - the registered owner gets asked if they want you to have it. If they say no, end of case, you fail. If you stay for another two years after the rejection, then you can apply again.
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Have you read
https://www.gov.uk/government/publications/adverse-possession-of-registered-land
Do you understand the laws of trespass? Squatting? Use google or duckduckgo.
Bear in mind any money you spend could be lost if/when your claim fails.1 -
GervisLooper said:I checked the land registry on the gov website and it didn't give much information freely, only that it had be valued at almost £200k about 6 years ago. The title information and such I would have to sign up and pay for which I have not done as yet.
I'd pay £3 and get a name of who land registry has listed as the proprietor. Might be the owner or an executor. Send them a letter expressing your interest in buying or working the land.1 -
GervisLooper said:...Also how long would I likely have to live there if they ensue proceedings against me. I am not too bothered or invested in it if it were to be challenged...If you lived in the residential property without permission from the owner it would be squatting, and a criminal offence. The owner could simply report you to the police.If you lived in anything other that a residential property within the site you'd be in breach of planning law and the local planning authority could take enforcement action against you.Overall, the chances of you managing to make a sucessful AP claim on this property are probably about zero.1
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GervisLooper said:
To begin would I just put up a notice on the existing fencing saying I am taking possession and take a photo of myself with day's date (perhaps newspaper) on it?Edit to add: You’ll need a 110 camera, a film, and somewhere to develop the images if you opt to go vintage.2 -
From what I understand, GL, a change to AP laws a few years back has made what used to be "D'oh! Someone has been using our land for 12 years without us knowing, and now we've lost it!" to "Land Reg has just been in touch to say someone is hoping to pinch our land - and they are asking if we mind if they do? I'm minded to say 'off'."
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The other thing to consider is that the owner is fully aware of the land and is landbanking it until they can build what they want on it.If it looks an eyesore / abandoned when everything else around it is looking nice, even better because people will cave to their wants.May you find your sister soon Helli.
Sleep well.0 -
Oh dear I think your understanding of AP is way off.
Your chances are zero at best and being sent before a court second best0 -
You need to find a piece of land with an old dilapidated building which is UNREGISTERED. Then you fence it off and use it for the 10 or 12 years before applying for adverse possession, hoping no-one comes forward to object with old deeds proving that the land is theirs. You may be successful in acquiring the land in this scenario, but not with REGISTERED land.1
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Tiglet2 said:You need to find a piece of land with an old dilapidated building which is UNREGISTERED. Then you fence it off and use it for the 10 or 12 years before applying for adverse possession, hoping no-one comes forward to object with old deeds proving that the land is theirs. You may be successful in acquiring the land in this scenario, but not with REGISTERED land.Love living in a village in the country side3
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