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Adverse Possession

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Adverse Possession

Postby aitch » Mon Sep 11, 2017 7:40 pm

Hello

I have been using a piece of land behind my garage which is adjacent to my property. I have used this land since 1991. The possession of this land has been exclusive and with the full awareness of the owner but without consent. No payment has ever been made. The area of land is actually quite small & has a minimal value. It only benefits me or any other future owner of the property I own. I have therefore decided to apply for adverse possession of the land.

The legal time period of 12 years for adverse possession would have started and run from 1991 when I moved into my house & started using the land. I could have applied for adverse possession in 2002 under this rule. But I have continued to use the land to the present date without making any application for adverse possession.

The law changed in 2003 from 'The Limitation act 1980' to 'The Land registry act 2003'.

I would have a greater chance of success if my claim was considered by the land registry under the old law & also the land was un-registered at this time, where as it is now registered by a new owner who purchased the land only 5 years ago.

Is it likely to be possible for me to still use the time period of 1991 to 2002 as the dates of adverse possession for my application to the land registry, thus keeping the application within the old law ‘The Limitation act 1980’. Or will they automatically consider it under the new law ‘The Land registry act 2003’ because I am applying now rather than in 2002.

Also would the land registry be likely to treat the land as un-registered for the purpose of my application for adverse possession as it was un-registered between the dates 1991 to 2002, or would they be likely to treat it as registered land as it is now?

Any advice about this would be appreciated. I have emailed the land registry with these questions but have received no reply.

Many thanks
aitch
 
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Re: Adverse Possession

Postby Hairyloon » Tue Sep 12, 2017 12:08 am

aitch wrote:The legal time period of 12 years for adverse possession would have started and run from 1991 when I moved into my house & started using the land. I could have applied for adverse possession in 2002 under this rule...


It's late and I'm tired, but isn't 1991 + 12 years 2003?
I believe that if the 12 years expired before the change in law, then the old law would apply. In your case it looks like precise dates may be critical.
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Re: Adverse Possession

Postby dls » Tue Sep 12, 2017 9:56 am

You have real difficulties now that the land is registered.

Unlesss somehow you did not know of the sale at all, there willbe a real question of why you did not object when somebody else claimed to be in possession of the land at that time.
Using the land is not enough. What is required is possession to the exclusion of others - best by a clear fence.
Is it really worth the candle.
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Re: Adverse Possession

Postby diy » Tue Sep 12, 2017 9:59 am

aitch wrote:The possession of this land has been exclusive and with the full awareness of the owner but without consent


have you read this:
https://www.gov.uk/government/publicati ... essentials

Particularly the bit on physical control.. Simply occupying the land is not enough and you may have needed to take steps to prevent others from occupying it - e.g. fencing.

EDIT DLS beat me to it.
My suggestions are not legal advice
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Re: Adverse Possession

Postby aitch » Tue Sep 12, 2017 12:16 pm

Ok guys thanks for the replies so far they are much appreciated. I do realise adverse possession is a complex matter and it may not be possible for me to do it now. The only reason I did nothing about it before is because the previous owner had no interest in the land and I just used it as was needed. I do not particularly want to own the land, it is just that I am experiencing harrassment from the new owner. Thanks again
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Re: Adverse Possession

Postby diy » Tue Sep 12, 2017 12:24 pm

I don't know if you've ever read the comic viz, but farmer palmer springs to mind :D
Image

Be careful that you don't allow your neighbour to bring a claim for trespass/damages.
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Re: Adverse Possession

Postby dls » Tue Sep 12, 2017 1:09 pm

I do not particularly want to own the land, it is just that I am experiencing harrassment from the new owner.


Well, ahem, you might be 'using' his land.

You really do have to take very great care. Any dispute with a neighbour needs to be nipped in the bud. It really is not worth it.
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Re: Adverse Possession

Postby atticus » Tue Sep 12, 2017 1:23 pm

I am going to guess that the neighbour is "harassing" you as he has realised that you are using land he has bought. If you do not want to own the land, get off it and restore neighbourly good relations.

An application to be registered as owner is not a friendly act, so think carefully before going down that route.
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Re: Adverse Possession

Postby aitch » Tue Sep 12, 2017 1:28 pm

I have a prescriptive right of way easement to and from my garage. however the new owner refuses to acknowledge this. The plot of land behind my garage is small but on the access lane before reaching my garage is a stone built lockup. The new owner believes that he can get planning permission to turn this lock-up into a small house, but he needs to stop me using the lane for access because he wants to extend the lockup onto the land behind my garage. The land behind my garage is needed by me to turn into & out of my garage, therefore, he cannot build anything there while I have use of my garage otherwise he would be blocking my access. I live within a national park & he has already been told that he will never get planning permission to turn the lock up into a residential dwelling. He is not a reasonable type of person however, he won't listen & firmly believes that if he can stop me using the land as access he can appeal the planning. Hence the harrassment.
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Re: Adverse Possession

Postby atticus » Tue Sep 12, 2017 1:38 pm

The easement question is a different one to adverse possession. You may do well to take legal advice.

If all you have been doing is going to and from the garage, adverse possession seems difficult.
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