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Land we didn't realise we owned, is it too late to claim it back?

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  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
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    Conversation, with plans tucked under your arm....

    "Hello ... as you know ... our land ..."
    Flourish of arm, produce papers.
    "Thinking of selling ... so thought we'd give you first option to buy that piece, else your shed will need clearing off as we'll re-landscape it prior to selling".
    Wait .... and say nothing.

    Title deeds trump what people thought.

    Set your selling price for the bit of land dependent on whether you really want to sell it to them, or feel it's got more value re-attached to your house.
  • Badger50
    Badger50 Posts: 123 Forumite
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    The neighbour's solicitor will probably advise him that he doesn't need to buy the land, he already owns it by adverse possession and just needs to register his title.
  • ciderboy2009
    ciderboy2009 Posts: 1,158 Forumite
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    Badger50 wrote: »
    The neighbour's solicitor will probably advise him that he doesn't need to buy the land, he already owns it by adverse possession and just needs to register his title.
    Unlikely - the OP has already stated that the land hasn't been fenced off so it's unlikely that the neighbour will be able to prove that they've excluded all other people from using it.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    ciderboy2009 wrote: »
    Unlikely - the OP has already stated that the land hasn't been fenced off so it's unlikely that the neighbour will be able to prove that they've excluded all other people from using it.
    They'll have excluded them from the 'big shed,' but a landlocked shed with no access rights isn't much use either!

    There are too many known unknowns to be sure though.
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
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    Berocca wrote: »
    They've owned the property for around 22 years but the property was sold assuming the land concerned came with it.

    It's around 40m sq. and its not fenced off just a big shed has been built on it.

    Thanks for the advice.

    One of the criteria for stealing land by "adverse possession" is to fence it off I believe.

    With them not having fenced it off - can you just pretend to believe that the shed is yours and go in and knock it down and put something else up there fast. That being - just act as if its yours - because it is yours.

    Or have you unwittingly "shot yourself a bit in the foot" by referring in conversation with said neighbour to "your shed and what you are doing on your land" (ie because you didnt know its actually your land)?
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