paper title holder disposessing an adverse possessor

paper title holder disposessing an adverse possessor

Postby jdfi » Sun Aug 02, 2015 10:44 am

Something that occurred with a client of my works.

Does a paper title holder actually need to prove ownership (in the form of their actual deeds) to dispossess an adverse possessor?

This is unregistered land. The deeds are lost.
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Re: paper title holder disposessing an adverse possessor

Postby Collaborate » Sun Aug 02, 2015 10:52 am

They do. Either by reference to the deeds or other evidence (for example an old solicitors file). Their pleadings in bringing an action for possession will state at the outset that they are the title owner. the defendant will not accept that and put them to proof. If they cannot prove it the action will fail.
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Re: paper title holder disposessing an adverse possessor

Postby ukmicky » Sun Aug 02, 2015 2:33 pm

jdfi wrote:Something that occurred with a client of my works.

Does a paper title holder actually need to prove ownership (in the form of their actual deeds) to dispossess an adverse possessor?

This is unregistered land. The deeds are lost.



If they wish to defend as paper title owner it would help but it is not nessesary if they can prove ownership in other ways like collaborate says.

To remove an adverse possessor they don't need to go that far however and only need to show they have a superior interest and were in occupation 1st.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: paper title holder disposessing an adverse possessor

Postby jdfi » Sun Aug 02, 2015 2:38 pm

Collaborate wrote:They do. Either by reference to the deeds or other evidence (for example an old solicitors file). Their pleadings in bringing an action for possession will state at the outset that they are the title owner. the defendant will not accept that and put them to proof. If they cannot prove it the action will fail.


Wonderful. Thank you
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Re: paper title holder disposessing an adverse possessor

Postby jdfi » Sun Aug 02, 2015 2:39 pm

ukmicky wrote:
To remove an adverse possessor they don't need to go that far however and only need to show they have a superior interest and were in occupation 1st.


Ah not good
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Re: paper title holder disposessing an adverse possessor

Postby ukmicky » Sun Aug 02, 2015 2:55 pm

jdfi wrote:
ukmicky wrote:
To remove an adverse possessor they don't need to go that far however and only need to show they have a superior interest and were in occupation 1st.


Ah not good


If they applied for first registration on the basis that they lost the deeds they would be granted possessory title which is the next run up from adverse possessor and just short of title absolute

If they were not the paper owners and were actually adverse possessors which was why they didn't have them. They still have a superior Interest to adverse possessor 2 and have the right to evict adverse possessor 2.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: paper title holder disposessing an adverse possessor

Postby arborlad » Sun Aug 02, 2015 3:01 pm

jdfi wrote:Something that occurred with a client of my works.

Does a paper title holder actually need to prove ownership (in the form of their actual deeds) to dispossess an adverse possessor?

This is unregistered land. The deeds are lost.



How do you know there is one, or is there a bit of guesswork going on?

Might be better to get your client to join the forum so we can get a better understanding of events.
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Re: paper title holder disposessing an adverse possessor

Postby jdfi » Mon Aug 03, 2015 6:17 am

arborlad wrote:
jdfi wrote:Something that occurred with a client of my works.

Does a paper title holder actually need to prove ownership (in the form of their actual deeds) to dispossess an adverse possessor?

This is unregistered land. The deeds are lost.



How do you know there is one, or is there a bit of guesswork going on?

Might be better to get your client to join the forum so we can get a better understanding of events.


Ah no. I know from an audit of documents that there is nothing for this site. I no longer work for that company. I happen to live near the site.... so an idea is forming....
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Re: paper title holder disposessing an adverse possessor

Postby arborlad » Mon Aug 03, 2015 7:37 am

Your thread title is misleading, has the AP been evicted?
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Re: paper title holder disposessing an adverse possessor

Postby jdfi » Tue Aug 04, 2015 9:44 am

arborlad wrote:Your thread title is misleading, has the AP been evicted?


No. Hasn't even started yet.

I am considering whether to invest in some fencing or not.
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Re: paper title holder disposessing an adverse possessor

Postby cleo5 » Tue Aug 04, 2015 11:39 pm

Are you thinking of getting fencing because you plan to adversely possess in time(12 yrs or so) because you know this land or whatever is not registered and there are no deeds?
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Re: paper title holder disposessing an adverse possessor

Postby jdfi » Mon Aug 31, 2015 10:36 pm

cleo5 wrote:Are you thinking of getting fencing because you plan to adversely possess in time(12 yrs or so) because you know this land or whatever is not registered and there are no deeds?


Yes. With the moral 'justification' that I've been treated badly.

Does that make me a bad person?
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Re: paper title holder disposessing an adverse possessor

Postby mugwump » Tue Sep 01, 2015 8:08 am

Ah no. I know from an audit of documents that there is nothing for this site. I no longer work for that company. I happen to live near the site.... so an idea is forming....


Is this the land ownership version of insider trading? :)
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Re: paper title holder disposessing an adverse possessor

Postby mr sheen » Tue Sep 01, 2015 8:39 pm

jdfi wrote:
cleo5 wrote:Are you thinking of getting fencing because you plan to adversely possess in time(12 yrs or so) because you know this land or whatever is not registered and there are no deeds?


Yes. With the moral 'justification' that I've been treated badly.

Does that make me a bad person?


Taking something that you know does not belong to you .....in most cases this is called stealing and there's a commandment about that.....
The local shop owner treated me badly the other day.....think I'm morally justified in shoplifting in his shop now.....off to make a list :lol:
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Re: paper title holder disposessing an adverse possessor

Postby arborlad » Thu Sep 03, 2015 5:09 pm

jdfi wrote:
cleo5 wrote:Are you thinking of getting fencing because you plan to adversely possess in time(12 yrs or so) because you know this land or whatever is not registered and there are no deeds?


Yes. With the moral 'justification' that I've been treated badly.

Does that make me a bad person?




I don't understand this, you've got no interest in the land, you've done nothing to instigate an interest in the land and nobody has treated you in any way at all - good or bad.
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