Applying for Adverse Possession

Applying for Adverse Possession

Postby thiswaythatway » Thu Sep 08, 2016 1:35 pm

Hello,

Any help on my situation would be really helpful, there are two parts to my question, but a bit of background first,

The attached image should help explain the garden layouts

I've recently bought a ground floor flat with a Share of Freehold of the building, there is only 1 other flat in the building. I own the front and rear garden and the top floor flat has no access nor right to use it.
All the houses on the road are terraced, and their gardens back onto an overgrown area of land that runs between the houses and a railway line. Most of the other houses on the road have extended their garden into this overgrown area of landlocked land. Our next door neighbour (Yellow) has recently been granted a possessory title for the piece of land they fenced off and claimed 15 years ago. They informed me the land is unregistered. The original end boundaries of the gardens are marked with a dotted line.

The previous owner of my flat (Red) fenced off the rear area of adjacent land in 2003, and has signed a statuary declaration stating that they have used it constantly since then until selling to me. I am looking to apply for a possessory title for this land, and wondered if I needed to apply jointly with the other flat in my building - even though I will be the only flat with access and use of it? I ask this as we are both share of freeholders of the building and garden, however it is stated in the deeds for the building and the official register of title that only my flat owns the garden and has use of it. Am I right in applying on my own? Should I be applying for a Possessory Freehold or Possessory Leasehold title?

The second part of my question relates to another neighbour (Blue) who has fenced off a very large section of the land in relation to their original garden, effectively cutting off a neighbour (Green) inbetween my house and their house. This claim of the land is only about 5 or 6 years old. I was told that within the last year, they extended their claim of land to include a small area behind my garden (Red), as you can see on the image. My problem with this is that they are a neighbour from 2 houses along, who now has a garden that joins with my garden on 2 sides. I don't like the fact that I can see them surrounding me when I'm in my garden. The neighbour on my left (Yellow) agrees that it's a bit out of order of them to do this, it seems to invade on my privacy having them on both sides. Is there anything I can do, other than having an honest conversation with them and asking them not to use the bit of garden behind mine? I don't want to claim it myself, it really is just down to having another garden behind mine, when every other garden on the road backs onto the overgrown land.

I apologise for the mini-essay!

Any help you have would be really appreciated
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Re: Applying for Adverse Possession

Postby jonahinoz » Thu Sep 08, 2016 8:00 pm

Hi,

I am not an expert, so best wait for one to come along. But in the meantime ....

A successful claim for Adverse Possession is made by a person, not land. Even I could claim it, though I doubt I would be successful.

Is No.3 bordered in green? (I'm colour blind, so it looks yellow to me) Why have they not objected to Blue grabbing what I assume is their garden. Is No.3 unoccupied, so the owners do not know? Maybe Blue has designs on claiming the house too? I think it now illegal to squat in an empty house, but what if they claimed the front garden? The house would be worthless.

If you were a "Robber Baron", would you listen to a polite request not to use the land you are claiming?

There is nothing to stop Blue (or Yellow) claiming the rest of the land behind your property, unless you register your interest first.

I THINK ......Over to the experts.

John W
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Re: Applying for Adverse Possession

Postby MacadamB53 » Thu Sep 08, 2016 8:26 pm

Hi thiswaythatway,

Am I right in applying on my own? yes

Should I be applying for a Possessory Freehold or Possessory Leasehold title? it'll have to be the former since the latter isn't an option

as for the blue neighbour - nowt you can do.

Kind regards, Mac
ps the basic questions you've asked suggest you'll be needing help with your application - hopefully an expert on here might spot your thread :wink:
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Re: Applying for Adverse Possession

Postby thiswaythatway » Fri Sep 09, 2016 2:36 pm

jonahinoz wrote:
Is No.3 bordered in green? (I'm colour blind, so it looks yellow to me) Why have they not objected to Blue grabbing what I assume is their garden. Is No.3 unoccupied, so the owners do not know? Maybe Blue has designs on claiming the house too? I think it now illegal to squat in an empty house, but what if they claimed the front garden? The house would be worthless.


No.3 Is in green, the border I've drawn is their current garden, but they've had any opportunity to claim the land behind their garden taken away, as No.4 (Blue) has already taken it. The house is occupied, so I can only assume the owners did not want to claim it themselves

jonahinoz wrote:There is nothing to stop Blue (or Yellow) claiming the rest of the land behind your property, unless you register your interest first.


I thought as much, I may just have to put up a higher fence to block out any view of them and live with it.
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