Is adverse possession a dead duck? Pye v Graham

This forum is for Garden Law problems that don't fit into the other categories. Please treat it with respect.

Moderator: Angelisle

Re: Is adverse possession a dead duck? Pye v Graham

Postby helpthedonkeysabroad » Sun Nov 02, 2014 4:26 pm

Hello,

I have a really big problem and a much smaller problem also caused by the first big problem never dealt with by the Land Regsitry of the O/S or the Tribunals. My next door neighbour, seeing how easy it was for builders to just TAKE our land, was doing the same ona much smaller scale of course! He had built a huge garage and car port in the wrong position he had Planning for, had sent a false plan that was nearly 5 metres nearer to my plot, but as it had never been visited by the Council, just on his false plan, but we had just bought our house, and have a very large garden surrounded on all sides---well, actually now on only three sides, by very large dense hedgerows, 90 yrs old and planted to a covenant in our deeds within 6 months of the houses being built in 1927. They were about 8-10 ft high and up to 6 ft or so deep and all the plots had the same, also full of birds and why we bought the house anyway, that and the peace and privacy etc.
PROBLEM WAS that he built them in the wrong position, as they should have been on the footprints of the current buildings that had never been a problem at all and did not affect our hedges. They were built by concealment, and totally impossible to see from our plot or the road. My gardener had kept it tidy for 9 years and had never seen the small posts within the hedges and climbing plants. Only when he was burgled and tried to escape the Police, they forced a gap in the hedge between our two houses and we spotted the posts that we thought were just trees, then we could see what he had done! THat was when he became very aggressive and would not try to sort it out sensibly! He said he was claiming adverse possession and started destroying the hedge between us, a huge hedgerow mostly YEW, as he wanted to make double drive to his new double garage!
I was told that when secrecy and concealment were used to stop the openness that is a factor to be able to claim, the 10/12 years or whatever, only starts to count from when it is discovered, as it has to be open to view and also the victim! He had also sent in a false plan that was nearly 5 metres nearer to my house than correct, basically shifting his whole plan 5 metres to my side! THe Council did not want to know, even that they had been tricked with the Plan to start with, then had not built it in the position they had determined, or provided any drainage so we were flooded on that side for y ears and not able to find out why! We had 50 ft of roof's rainwater overflowing within the hedges and trees
helpthedonkeysabroad
 
Posts: 8
Joined: Fri Apr 04, 2014 1:06 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Is adverse possession a dead duck? Pye v Graham

Postby helpthedonkeysabroad » Sun Nov 02, 2014 4:59 pm

Hello
I have posted two of my cases, one huge and one smaller bur still deadly! My big problem started in 2002 with neighbours behind us putting in for Planning Permission, we had a belt of our trees and hedges, very dense and beautiful and enjoyed by all sides that looked out onto it since 1920's! We all fought this plan for four years with the Council on our side too, but they had removed the fence between us and were destroying over four years it took to get rid of them, whist we were desperately trying to get the Land Regsitry and the adjudicators and the O/S to realise that our titles were wrong, in that we had the title for the adjoin plots, which lost several metres each time! Land Reg have admitted they had not seen a later deed attached to the first deed that showed that only part of th land was ever sold! They refuse to discuss or alter and we still do not have proper titles! This meant that our plots that we had lived on correctly as the builder had written Measurements for every side for every plot, but L Registry had written them later on the wrong plot! That meant, as they were all shorter and did not reach the joint boundary fence, by several metres but we had all lived on the correct land and planted all the trees at the tops since 1921. When the builders wanted to plan the site, they got our bad titles and saw they could try to claim from the wrong O/S line and started their claim only from then!
The terrible consequences to 30 properties here has been unbelievable, and all our civilised evidence showing that their deeds that are so accurate and shown on two satellite plans correctly, have been totally ignored by the Land Registry and the Law! NB We could not have planted hundreds of those trees over 90 years and all shown on aerial photos, and agreed that are ours etc., on THEIR SIDE OF THEIR FENCES and they had none on their side so why have we been left out to dry so the Land Regsitry don't have to admit their gross mistakes they have kept up and years after the mistake was admitted??? Has anyone else got anywhere with this massive problem with them?
helpthedonkeysabroad
 
Posts: 8
Joined: Fri Apr 04, 2014 1:06 pm

Re: Is adverse possession a dead duck? Pye v Graham

Postby helpthedonkeysabroad » Sun Nov 02, 2014 5:18 pm

Hello again,

I am nota sure what you mean in my case, We were all trying to stop their claim from the start, but had no idea thye wre going to be so cheeky! and claim not only all our dense trees but also another 18 ft beyond that, that thye had never lived on of course! When the FIVE registered properties on our side that found that we were gradually being invaded, we could not believe it, as we had only started helping with the protest on behalf ft the opposite side who only had very short gardens and were very distressed, as later proved unimaginable! It took years to get anywhere with the O/S and L Regsitry getting them to sort it out, but they still rely on saying they are only general boundaries, so does this matter in the 12 yrs time scale or not? It was obvious were trying to stop them, and still are but the L Reg will not give us our proper titles! They also did not use a scale on the deeds, as it was rough hilly pasture with no access, using the scale all our plots and Mmts are correct and fit perfectly with the other two parcels sold at the same time , but the whole area had been measured using the usual 1/2500 scale and were perfect even though had drawn. As Land Registry had also just used that 1/2500 scale and not bothered with the correct scale carefully placed next to the drawn plan, the measurements were smaller by about the width of one plot, ie 30 ft or so! THis is a massive fault and caused all this trouble unnecessarily all these years to so many people, families and our property! There was nothing we could do but wait for the LAW who accepted their totally false and impossible plans, even after they had admitted they had never owned our land or trees, and accepted they did have legal plans and that was all they knew was theirs, so HOW and WHY did the judge do that and what can we do now? NB IF all the plots used our scale they would all fit just the same BUT there would be a large 30 ft gap all round the edges!!!!! So Obvious!
helpthedonkeysabroad
 
Posts: 8
Joined: Fri Apr 04, 2014 1:06 pm

Re: Is adverse possession a dead duck? Pye v Graham

Postby ukmicky » Sun Nov 02, 2014 5:25 pm

Start your own topic and we will try and assist.

When you do we need to know if the land is registered or not.
Advice given is not legally qualified and you are advised to gain a professional opinion
ukmicky
 
Posts: 4556
Joined: Sat Sep 27, 2008 10:13 pm
Location: London

Re: Is adverse possession a dead duck? Pye v Graham

Postby cleo5 » Mon Nov 02, 2015 7:12 pm

Help the donkeysabroad,
As umicky has said. You need to start your own thread on this and then it can be easier for all to follow.
I have the greatest sympathy for you. It is a terrible situation. Hopefully someone on here will be able to help you as they have helped me.
If adverse possession was applied for to the LR those who were attempting it would have applied to register it after so called having the sole use of it for ten / 12 years. Then, on their application, on receipt of their registration the LR would have written to you and any neighbours concerned asking if you objected etc etc. Did you receive such a letter? You then have an opportunity to refute their claim and the paper owner(you) then gets to keep your title to the land. The adverse possessors also have to write a statement of truth. If they lie it is fraud.
As has been asked was your land registered or not?
cleo5
 
Posts: 272
Joined: Mon May 18, 2015 12:33 pm

Previous

Return to General Topics

Who is online

Users browsing this forum: No registered users and 1 guest