Adverese possession

Adverese possession

Postby Rosierees » Mon Aug 15, 2016 8:45 am

We have lived in our house which we bought 16 years ago , the garden is quite large but one part had a barbed wire fence on the boundary we erected a wood panel fence and have kept our chickens and veg on it happily for 16 years the garden and house next to our house is council and the tenants want to buy it and say the land was originally part of their council house , we have put in for Adverese possession the council will object saying there is some form of agreement years ago by the prev tenant who is now passed away , there wasn't , the tenant has now ripped down our lovely fence and destroyed crops and trees and furniture , any advice the police are wary about pushing on with it as crim damage but we have put complaint in to the police complaint
Rosierees
 
Posts: 3
Joined: Mon Jul 11, 2016 8:54 am

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: Adverese possession

Postby despair » Mon Aug 15, 2016 8:50 am

If you have fenced it and occupied it for 16 yrs I don't think the tenants can reclaim it
despair
 
Posts: 16057
Joined: Mon Mar 14, 2005 8:07 am

Re: Adverese possession

Postby Rosierees » Mon Aug 15, 2016 8:56 am

Thank you , I hope not but it's worrying when the council are objecting due to people's untruths , they are only tenants not the paper owneres who are the council
Rosierees
 
Posts: 3
Joined: Mon Jul 11, 2016 8:54 am

Re: Adverese possession

Postby arborlad » Mon Aug 15, 2016 10:51 am

Rosierees wrote:..... the garden is quite large but one part had a barbed wire fence on the boundary we erected a wood panel fence.....



Not very clear what is meant here, could there be a comma missing?

Having two (potential) boundary features is never a good idea.

A sketch or anonymised title plan would help - you need to make one more post before you have permission to post images.
arborlad

smile...it confuses people
arborlad
 
Posts: 7412
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Adverese possession

Postby Rosierees » Mon Aug 15, 2016 12:16 pm

It's just been part of our garden since we bought it 16 years ago tbh just used it as such
Rosierees
 
Posts: 3
Joined: Mon Jul 11, 2016 8:54 am

Re: Adverese possession

Postby jonahinoz » Tue Aug 16, 2016 9:00 pm

Hi,
.
My understanding is you cannot claim adverse possession against property occupied by a leaseholder. No doubt somebody can clarify that? I don't know if the same applies to a tenant?

It makes sense if the freeholder/landlord is unable to inspect his property, so may not be aware that somebody is claiming possession ... surely not the case where an LA have inspected their property when tenants change. If they miss a new fence, that is their problem. (OT ... In recent years, property was changed from one LA to another, due to boundary changes ... and nobody told the new "owners". A streetful of Victorian houses, worth millions, were successfully claimed by the occupants).

In the case being discussed, the previous (deceased) tenant is unlikely to have had the authority to allow somebody else to occupy their garden ... there may be a clause in the tenancy agreement forbidding it. Therefore, your neighbour's claim that you were given permission to occupy the garden, and that permission has now been withdrawn, is irrelevant ... permission could not have been given ... and I doubt that the LA's permission could have been implied. It may well be that an LA tenant allowing somebody to occupy LA property is illegal. The program "House Enforcers" on TV suggests the LA have powers not available to us ordinary mortals.

You say that your neighbours wanted to buy this plot? Are you saying that they are LA tenants, and want to buy the freehold of the plot? (Strange ... if they move house, they will own a land-locked plot). That suggests that they had accepted that the plot was yours.

Or are they ex-LA tenants who have bought their house, and are now claiming a bit of garden that they think should have been included in their purchase? Put those two options together, and you might arrive at "They bought what they saw!" That might open a man-sized bucket of worms.

Your first move should be to check the Land Register for both your, and your neighbours, properties. If nothing else, that will tell your if they have bought their house (Right to Buy), or are still LA tenants. You can bet your life that your neighbours have already obtained their Land Register, and probably your's too.

Bluff! Bluff! Bluff! But do not get into a position where you have to start paying money, or become liable to pay money. You cannot afford the risk of losing ... warn your neighbours that they cannot afford it either ... tens of thousands of pounds.

Now let the experts advise you.

John W
jonahinoz
 
Posts: 1362
Joined: Fri Aug 05, 2011 5:15 pm

Re: Adverese possession

Postby despair » Tue Aug 16, 2016 10:05 pm

Check very very carefully all insurances,mortgage,credit card ,union memberships for legal expenses cover
despair
 
Posts: 16057
Joined: Mon Mar 14, 2005 8:07 am

Re: Adverese possession

Postby arborlad » Wed Aug 17, 2016 11:02 am

Rosierees wrote:It's just been part of our garden since we bought it 16 years ago tbh just used it as such




Whilst some things may be obvious to you as the owner, they're less so to those trying to help.

How does what's on the ground differ from your title plan?

What were you doing when they were taking down your fence/s?

While the neighbour may have had a laid back attitude to the land as a tenant, this will almost certainly have changed now he has declared his interest to buy.
arborlad

smile...it confuses people
arborlad
 
Posts: 7412
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

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.
 

Return to Boundaries

Who is online

Users browsing this forum: Bing [Bot] and 3 guests