Selling Land under adverse possession

Re: Selling Land under adverse possession

Postby COGGY » Wed Sep 14, 2016 6:19 pm

Hi
You say it is obvious that you have been using the land, but that it contains a dilapidated house and is over grown. How is it obvious that you have been using it? Coggy
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Re: Selling Land under adverse possession

Postby jonahinoz » Wed Sep 14, 2016 6:46 pm

It is very evident that we are using and tending it. As an iside there is a dilapidated empty house on the plot and the rest of the land is overgrown

Hi Elisabeth,

So not such a small parcel of land?

You say it is obvious that you are tending the land, then say it is overgrown. ??? OK, maybe you are only tending part of the plot, but we don't know that. If so, would obtaining adverse possession of the part you have been tending automatically include the remainder that you haven't tended? There could be big bucks involved, making it worth fighting over.

Have you used the house, or any sheds, for any purpose ... like storing your wheel barrow? Have you gathered any fruit, etc?

John W
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Re: Selling Land under adverse possession

Postby Elisabeth » Thu Sep 15, 2016 7:32 am

It is obvious we are caring for the portion of land because it adjoins our garden and is neat and tidy whereas the rest of the land. that we are not tending is mainly scrub. We have no intention of claiming the whole area, just the piece we have occupied for over 30 years..
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Re: Selling Land under adverse possession

Postby jonahinoz » Thu Sep 15, 2016 9:19 am

You do not actually have to fence it off, although it helps. You just have to prove that you have had exclusive use and use it as your own. We have done this and provided Witness statements to this effect. I am interested in the legality / pitfalls of the land being sold whilst it is undergoing an AP claim.of

Hi Elisabeth,

Occupying, and using are not sufficient, tending might be. You have to prove that you possessed the land.

I find "possess" to be a difficult concept to get my head around. If it can be decided by a series of Q&A, and produce the same answer every time, then it should be possible to devise an "idiot sheet" ... sorry ... LOGICAL TREE, so that us lesser mortals can work it out ourselves.

Your LA cannot sell what they do not own ... sorry ... possess, and the two solicitors should have worked out what is what. If you have told the LA that you are claiming adverse possession, then they should advise the buyer that there is a dispute. The dispute will be resolved by you making an Adverse Possession claim to Land Registry (not a huge amount of money, in the scale of things) Land Registry will inform interested parties ... adjoining neighbours, and the owner of the plot, and give them time to respond.

The LA lawyers will not care how much it costs. They might be concerned about delays while the dispute is resolved. Their own procedures will require many meetings and votes, so will take a long time. Somebody might decide it would be sensible to sell the scrub, and not sell the area that you have tended, without admitting that it is not their land ... and pigs might fly.

I do not know what happens if the Paper Owner crawls out of the woodwork after the time required for Adverse Possession, but before the AP claim is staked. Can anybody explain that in words of one syllable?

Do not admit that you only think you own this land, be emphatic that it IS yours, and you are only sorting the paperwork.

Do not let it reach the stage where you have to start paying Land Registry Arbitration fees ... you could finish up losing your house. But until then, bluff like you only have "a pair of twos". If/when you do fold, you could always offer to buy the plot you have tended, but don't even think that until the fight is over.

Good luck.

John W
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Re: Selling Land under adverse possession

Postby pilman » Thu Sep 15, 2016 7:07 pm

and have applied to the Land Registry for adverse possession.
What is not clear is whether the land is part of a registered title.

Also not clear is when did adverse possession begin?

Had there been more than 12 years adverse possession prior to when the Land Registration Act became law in 2003. If so it is possible that the original title was extinguished because of the effect of the Limitation Act 1980.

Has there been an acknowledgement from Land Registry that the application is proceeding?
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Re: Selling Land under adverse possession

Postby Elisabeth » Fri Sep 16, 2016 9:58 am

The land is registered and adverse possession began more than 12 years prior to 2003. We have witness statements to this effect
and the La have acknowledged our claim
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Re: Selling Land under adverse possession

Postby Roblewis » Fri Sep 16, 2016 2:19 pm

Push ahead with the AP claim with as much expedition as possible. The claim will appear in the searches by any purchaser.
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