Use of land for 30 plus years..

Brodiebobs · 16 April 2019 at 1:36PM

Hopefully this is right place to ask..

My FIL has used a piece of land at the end of his drive as a parking space for 30+ years, he always knew it as “no mans land” and cleared it of bramble to use. When the factory next door redid their fencing they even fenced avoiding this area of land.

Now it has been demolished and purchased by a big housing company who have come round and started digging it up while he was out, when he got home he confronted them and was told they are building the sub station for the new houses there.

My FIL seems to think as he has used it for so long they can’t now use it and has parked his car there so they can’t continue working.

He doesn’t have any means to fight this via a solicitor, can anyone offer any advice?

Browntoa · 16 April 2019 at 1:40PM

I thought the land needed to be"enclosed" for it to become his. From your description it had never been enclosed

Brodiebobs · 16 April 2019 at 1:52PM

It has been cleared, tarmac laid and there is a fence to once side that separates if from the factory land (which they put up) and a small knee high red brick wall. So it is enclosed from the road, and looks like the rest of his drive with the same tarmac and stone walling.

TBagpuss · 16 April 2019 at 1:57PM

Even if he had been using it, if he didn't apply for the title to be trasferred to him, I don't think it automatically becomes his.

I think he would have had to apply for title.

It's possible that the actual owner would have to apply to have him evicted, at which point issues about timscales, whether or not he was using the land with the owenrs permission or not etc all become relvant.
if he wants to contenst their use of the land then he is likely to need proper advice.

If the land next to his house is being developed, did he not get notice when the planning permission was sought?

Brodiebobs · 16 April 2019 at 2:12PM

Yes he got a planning notice, but only for the houses and the plans showed then within the fenced area, there was nothing about the substation.

There is one the other side of the fence to the land, so guess they’re just moving it back a few meters- never thought about planning but guess they should have it even to move an existing structure?

I’ve advised professional help, but he doesn’t have the means to pay, and the developer when approached just said tell us who your solicitor is and we will speak to them, in quite an intimidating way, probably knowing full week he wouldn’t pursue it.

SmashedAvacado · 16 April 2019 at 2:13PM

If he does want to claim ownership then he would do well to avoid saying things like "treated like no mans land" because to claim adverse possession you need to show use of the land as your own to the exclusion of others. If you use land in the belief that anyone can use it, i can't see how you can show that you have done that.

Brodiebobs · 16 April 2019 at 2:26PM

He meant it was “no mans land” when he bought the house, as in no one used it it was overgrown and covered in rubbish. His memory isn’t great but he thinks either estate agent or neighbours told him it was his, where the toilet block for the house used to be, so he cleared it and took it back into his own boundaries, however he doesn’t have his deeds so I’m in the process of looking at land registry.

Yellow_mango · 16 April 2019 at 2:56PM

It sounds like he may have a case for adverse possession, but with a large company disputing this and no legal representation he may well have a hard time defending his position.

Might it be worth speaking to a solicitor to see if his case is strong enough for them to take on on a no win no fee basis - if he wins the company will have to cover legal costs?

AdrianC · 16 April 2019 at 3:02PM

He probably could have applied for adverse possession - but if it's recently been registered in the developer's name, then he doesn't stand a hope. They can show that he hasn't had exclusive use for the last twelve years, because they've just dug it up...

Brodiebobs · 16 April 2019 at 7:21PM

Land registry confirms it does not form part of his boundary, however there is no plan for the former factory land, only a title register.

When you search land aerial view rather than postcode and highlight the section it shows no results, which is also odd.

I've also looked at the planning application online and the current fence position is on a line saying 'boundary', not including this land were referring to and there is nothing about the sub station either.

Lorian · 16 April 2019 at 7:36PM

Brodiebobs wrote: »

I've also looked at the planning application online and the current fence position is on a line saying 'boundary', not including this land were referring to and there is nothing about the sub station either.

If there is no planning permission on the land you need to ask the planning department to send an enforcement officer ASAP.

IANAL but is it not also possible he could claim an easement by prescription over the parcel of land?#

Check if he has legal cover on his house insurance policy.

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Use of land for 30 plus years..

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