boundaries and fence

Re: boundaries and fence

Postby arborlad » Fri May 20, 2016 9:36 am

Conveyancer wrote:For the record, if you erect a fence on your neighbour's land it becomes his fence.




That has always been my understanding.......... Quicquid plantatur solo, solo cedit , "whatever is affixed to the soil belongs to the soil"...........are you aware of anything that might affect or change this?
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Re: boundaries and fence

Postby Conveyancer » Fri May 20, 2016 11:00 am

arborlad wrote:
Conveyancer wrote:For the record, if you erect a fence on your neighbour's land it becomes his fence.




That has always been my understanding.......... Quicquid plantatur solo, solo cedit , "whatever is affixed to the soil belongs to the soil"...........are you aware of anything that might affect or change this?


I made the statement because someone earlier in the thread had stated the opposite.
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Re: boundaries and fence

Postby pilman » Sat May 21, 2016 6:00 pm

AP requires possession without force, secrecy or permission.
I realise this is going back to a quote made much earlier in this posting, but since I seem to recall that Collaborate once confirmed that he/she is a solicitor, it may be that statement will confuse quite a number of people as well as me.

I did not think that there was such a requirement when discussing adverse possession of land.

I thought that the requirements stated in that quote would only be appropriate when a claim to a prescriptive easement was involved.

When squatting in a house was not illegal, I thought the first thing to be done was to break into the house and then change the locks.

Should I now bow to the superior knowledge of a qualified solicitor that such an action prevented any claim to adverse possession succeeding even if the required term of years passed.

Perhaps Conveyancer would like to comment just so I know whether I should reconsider the accuracy of my knowledge of such matters before posting in the future on any thread about adverse possesion.
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Re: boundaries and fence

Postby Conveyancer » Sat May 21, 2016 7:05 pm

"Without force, secrecy or permission" certainly applies to prescription. It is not a phrase you find in chapters of books discussing adverse possession.

Taking each in turn in relation to adverse possession:

Possession is not adverse if there is permission.

If possession is to be adverse it has to be sufficient. It is difficult to see how possession can be sufficient if it is secret.

It is in the nature of adverse possession that it is, well, adverse and that may involve acts which count as force and prevent prescriptive rights arising. By its very nature adverse possession involves ousting the owner completely. Indeed, if I recall correctly, the idea of limitation started to come to the fore when barons regularly snatched each other's land by force of arms.
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Re: boundaries and fence

Postby ukmicky » Sat May 21, 2016 11:39 pm

Conveyancer wrote:
arborlad wrote:
Conveyancer wrote:For the record, if you erect a fence on your neighbour's land it becomes his fence.




That has always been my understanding.......... Quicquid plantatur solo, solo cedit , "whatever is affixed to the soil belongs to the soil"...........are you aware of anything that might affect or change this?


I made the statement because someone earlier in the thread had stated the opposite.


I am aware of something

Ramsden vs Dyson

If a stranger builds on someone else’s land in the mistaken belief that it is that person’s land, and the true owner is aware of the mistake but does nothing to prevent construction then the equity will prevent the true owner from asserting title to the land.
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