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jointlyowned land dispute

Land, Registered Land, Planning law etc.

Re: jointlyowned land dispute

Postby atticus » Wed Oct 11, 2017 6:13 pm

Some economies turn out to be false.

If there was a transfer deed or conveyance, Mr Naïve may be stuck. He should take legal advice.
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Re: jointlyowned land dispute

Postby manateegirl » Wed Oct 11, 2017 10:06 pm

Thank you. Yes you are right. He was trusting and naive but it is costing him dearly in all sorts of ways. He will take legal advice of course. Is it the case then that if the size of the plot etc is mentioned he is unlikely to have a case due to the statute of limitations but if it is not mentioned and there is only a rough plan then there is a ray of hope?
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Re: jointlyowned land dispute

Postby theycantdothat » Thu Oct 12, 2017 1:35 am

If the land is registered a "rough plan" will not come into it.

The Land Registry is not interested in having the area of land specified. It is only interested in knowing where the boundaries come. It is therefore unusual, but not unknown, for plans in LR transfers of registered land to specify the area. It is even more unusual for the text to specify the area. In any event specifying the area is not necessarily conclusive, especially if it is not stated whether the area has been calculated by reference to the Ordnance Survey Plan or by measurement on the ground.

Whilst we have little to go on, this does not sound the sort of case where you want a solicitor to get involved in correspondence with another solicitor as a large bill can soon be racked up with little to show for it. It sounds like an ideal case for referral to a barrister under direct access. However, a barrister's opinion is only as good as the case represented to him, so your friend needs to be fairly confident he can set the whole affair out clearly without missing anything important. The barrister's opinion should help your friend decide whether there is ny point taking the matter further.
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Re: jointlyowned land dispute

Postby manateegirl » Thu Oct 12, 2017 7:41 am

Thank you so much Theycantdothat - that is extremely helpful. I really think my friend is the injured party in this (as someone outside of the situation who is seeing things from a farily objective point of view) but I do not hold out too much hope of a quick or simple resolution (if there will be one at all). Your advice re direct access will be passed on and is a step forward, thank you. My friend has been writing to "B" himself to keep costs down. "A" has a solicitor who has asked for all correspondence to go to him and writes "without prejudice". I think A should leave that off his letters as he has offered mediation and hopefully that would be in his favour in court.
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Re: jointlyowned land dispute

Postby atticus » Thu Oct 12, 2017 8:07 am

The fact that mediation has been offered will not affect the Judge's decision on the substantive issues. It may be taken into account by the judge when he decides whether to order one party to pay the other's costs.
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Re: jointlyowned land dispute

Postby manateegirl » Thu Oct 12, 2017 8:10 am

Thank you Atticus the clarification is appreciated. Every little helps as they say!
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Re: jointlyowned land dispute

Postby manateegirl » Thu Oct 12, 2017 2:27 pm

sorry Atticus I meant that to mean that if it goes to court and he wins then it will be another little thing in his favour - the perils of typing something in a hurry. Apologies.
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