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Re: Adverse Possession

PostPosted: Tue Sep 12, 2017 1:48 pm
by aitch
Yes I apologise if I have gone off topic, it's just that I wanted to reply to the previous posts. The land owner first tried to stop me using the access lane by placing a huge boulder at the entrance from the road. I went to court & a district judge ruled that I had a legal right of way to and from my garage. based on two statutory declarations dated from 1991 & my 26 years of continual usage. The land owner refuses to accept this fact. So I suppose if the harrassment continues legal advice will be the only option. I will not pursue the prescriptive right of way issue any further on this thread.I appreciate all the replies I have had so far. Thank you guys.

Re: Adverse Possession

PostPosted: Tue Sep 12, 2017 1:58 pm
by atticus
Apply to register your right of way on his title. Your county court judgments should help. It may be worth paying for professional assistance in doing this.

Re: Adverse Possession

PostPosted: Tue Sep 12, 2017 3:36 pm
by aitch
In addition to driving my vehicle to and from my garage for 26 years I have also parked vehicles outside my garage for 26 years. I have maintained the plot of land, cutting grass, keeping the walls intact etc.

I have also used the land for storing a trailer & cutting & storing logs & other items. I should add that I no longer keep anything on the land other than drive my vehicle to and from the garage, however, during the crucial 12 year period from 1991 to 2002 I used the land exclusively for all of the above purposes & at that time the land was un-registered.

This is why I asked if it would be likely that the Land Registry would consider my claim for adverse possession under the old law 'The limitation act 1980'. during the period 1991 to 2002. I agree that it would be difficult whichever law the Land Registry applied when considering the matter and I therefore, think it is better if I do not attempt it & will consider other legal remedies to attempt to resolve this problem.

Re: Adverse Possession

PostPosted: Tue Sep 12, 2017 8:11 pm
by dls
Adverse possession requires exclusion of the paper owner from the land. Parking will not usually achieve that. It is in its nature intermittent, and the exact area is not defined.

You may well have a right of way. Fight only battles you have proper reason to expect to win.
Be ver careful about allowing the continued blockage of the right of way. In some circumstances that can defeat it.

Re: Adverse Possession

PostPosted: Tue Sep 12, 2017 11:20 pm
by aitch
Many thanks dls, atticus, diy & everyone else for the valuable advice. its all greatly appreciated.

Re: Adverse Possession

PostPosted: Wed Sep 13, 2017 6:57 am
by diy
This reminds me that I must pester my neighbour for a convenient time to replace a missing fence panel at the side of my house. He's already started leaning his crap against the side of my wall. We are only talking 18" of land in this instance.

Re: Adverse Possession

PostPosted: Wed Sep 13, 2017 9:22 am
by atticus
If you are going to be the one replacing the panel, just do it. Move your neighbour's stuff onto his land.

If not, move his stuff anyway.

Re: Adverse Possession

PostPosted: Wed Sep 13, 2017 12:10 pm
by diy
I need to go on his land to install the panel.