Offer of some advice please

Offer of some advice please

Postby Loosey » Thu Sep 08, 2016 6:43 pm

We are OAPs and need some advice on a dispute over some land which we have title over.
I believe we have a very sound case, but i would like a second opinion before i take them to court.

Would it be possible to correspond over a PM

Thanks
Loosey
 
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Re: Offer of some advice please

Postby despair » Thu Sep 08, 2016 7:14 pm

that facility no longer exists on gardenlaw

you will need to compose your thread in terms that will not alert your adversary but that we can understand in order to assist
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Re: Offer of some advice please

Postby arborlad » Thu Sep 08, 2016 8:29 pm

despair wrote:that facility no longer exists on gardenlaw



Hmm - not so................ viewtopic.php?f=9&t=19827
arborlad

smile...it confuses people
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Re: Offer of some advice please

Postby Loosey » Thu Sep 08, 2016 11:11 pm

despair wrote:that facility no longer exists on gardenlaw

you will need to compose your thread in terms that will not alert your adversary but that we can understand in order to assist


Sorry its not possible to expand on, because of an ongoing problem with our registered land of which we have title to.
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Re: Offer of some advice please

Postby mr sheen » Fri Sep 09, 2016 7:46 am

Sorry to hear you are having problems, if you want to post some info on the open forum people may be able to help you.

Everyone here is anonymous and PM is a risk for both sides.....we have no idea who you are and whilst you are probably who you claim to be...no one here will ever know that. Occasionally people use forums for reasons other than the purpose of the forum.

As OAPs you are potentially vulnerable and you are taking a risk inviting private message exchanges with people who you have no idea who they are.

If you want private professional legal advice you need to take all your evidence to a solicitor to review. It would be too good to be true if one could get accurate professional legal advice for free via private messaging and anonymous pseudonyms. What happens here is that people post their issues and a discussion follows which often helps the poster but since we cannot see all the evidence it is not a substitute for getting proper professional legal advice.

There are procedures to follow in a civil dispute which seek to resolve the matter without court and it is important that you follow procedures. Either post your issue here anonymously for open discussion or seek the advice of a solicitor.....for your own protection.
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Re: Offer of some advice please

Postby despair » Fri Sep 09, 2016 8:25 am

loosey

whatever you do be sure to see a specialist land solicitor ....just your local bod simply will not do

check every insurance policy,mortgage ,credit cards etc for legal expenses c

over good house insurance includes it

its perfectly possible for you to post your problem on here without divulging details that can be accessed by your opponents

you just need to think creatively
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Re: Offer of some advice please

Postby arborlad » Fri Sep 09, 2016 8:29 am

Loosey wrote:We are OAPs and need some advice on a dispute over some land which we have title over.
I believe we have a very sound case, but i would like a second opinion before i take them to court.

Would it be possible to correspond over a PM

Thanks




Have you tried CAB or a free half hour with a solicitor?

On an open forum such as this, anything that is good and correct is either agreed with, endorsed, or at the very least goes uncontested................anything that is bad or incorrect can be contested.

Use of PMs can be contentious, they are vital for exchanging contact details for a solicitor etc., less so for dealing with a problem because it lacks the scrutiny of the open forum.
arborlad

smile...it confuses people
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Re: Offer of some advice please

Postby Eliza » Sat Sep 10, 2016 5:16 pm

I presume that a neighbour is trying to steal some of your land - under "Adverse possession"?

Try googling some term like "criteria for adverse possession" and see whether the would-be land thief fulfils those criteria. The main one, it seems to me, is that they have "exclusive possession" and that means being able to literally exclude the rightful owner (ie yourselves) and everyone else (eg by putting up a fence rightful owner and others are unable to get through in order to get onto their own land).

Generally - start by checking out whether they meet the range of criteria for such an attempted land grab and how long they have been squatting on your land for.

If the bit of your land they are trying to steal is Registered to yourselves (along with the rest of your property) then I believe the Land Registry has to contact you for your view on things before giving them your land officially. If you have had your property for so long that it isn't Registered under the modern-day scheme and you just have the old-style "Deeds" - then try contacting the Land Registry and asking if it can be Registered (and include mentioning the bit of your land the squatter is trying to steal).

Good luck.
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: Offer of some advice please

Postby Loosey » Sun Sep 11, 2016 4:14 pm

Hi all, I am trying to assertain my legal position on this situation.

We purchased a property in August 2015, origional transfer plans / deeds were registered with the Land regsitry dated mid 1985 to create Title Plans which we now have title to.

A 1.8m service strip was shown on the origional deeds which was shown routing within garden areas, however when Land Registary reviewed the deeds and developrs plans they moved the inner line of boundary to extend to the roadway. ( For clarification the boundary is now shown on the title plans and extends 1.8m in from the roadway)

Sometime before we move in my neighbour had a dispute with the previous owner of the property over overhanging plantings, my neighbour decided to move the boundary from the position as shown on their Title Plans into the old position shown on their title deeds. If you can imagine we have now lost 1.8m of land to them which we want to take back.

I think i correct in telling him that when Land is registered it is the title plan that shows what you own. Any plan attached to a pre-registration deed is no longer part of a title to your land.

We just want our rightful land back but i am having difficulty getting through to him, is there anything he can do to hold onto the land.

Land Registary are not willing to interviene to resolve this issue.

Any help or advice would be much appreciated.

Cheers
Loosey
 
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Re: Offer of some advice please

Postby despair » Sun Sep 11, 2016 4:46 pm

strange that Land Registry do not want to get involved

Check very very carefully all insurances , mortgages, credit cards , union memberships for Legal Expenses Cover

On the face of the info provided you should have a good case but you do need a specialist Land Solicitor not just any odd bod solicitor

if you tell us which county your in someone might know a good one
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Re: Offer of some advice please

Postby Loosey » Sun Sep 11, 2016 4:57 pm

Thanks for your input, dont rearly want this to escalate other than sending out a solicitors letter.
I will check my house insurance but i dont think i have legal cover.

Cheers
Loosey
 
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Re Land Registry Title Plans

Postby Loosey » Sat Sep 17, 2016 2:03 pm

We have a boundary shown as a concrete separating our house from my neighbour as defined on the Land Registary Title Plans for both of our properties.

My neighbour decided to moved the boundary between our houses in accordance with the deed plans which has resulted in me loosing a proportiion of our land to him.

Obviously we want our rightful land back

My questions to the board are :

a) Do the Title Plans hold title over Deed plans which are indicated as for information only
b) My neighbour would have recieved a copy of the deed plans at his practical completion, but would he have also recieved a copy of his Title plans at the same time showing the amended
position of the boundary.

No applicaton has been made for adverse possession.

Thanks in advance for any help or advice
Loosey
 
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Re: Offer of some advice please

Postby arborlad » Sat Sep 17, 2016 2:34 pm

You'll get a far better response if you stick to one thread:




Loosey wrote:We have a boundary shown as a concrete separating our house from my neighbour as defined on the Land Registary Title Plans for both of our properties.

My neighbour decided to moved the boundary between our houses in accordance with the deed plans which has resulted in me loosing a proportiion of our land to him.

Obviously we want our rightful land back

My questions to the board are :

a) Do the Title Plans hold title over Deed plans which are indicated as for information only
b) My neighbour would have recieved a copy of the deed plans at his practical completion, but would he have also recieved a copy of his Title plans at the same time showing the amended
position of the boundary.

No applicaton has been made for adverse possession.

Thanks in advance for any help or advice
arborlad

smile...it confuses people
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Re: Offer of some advice please

Postby MacadamB53 » Sat Sep 17, 2016 6:32 pm

Hi Loosey,

when Land is registered it is the title plan that shows what you own

absolutely not - the title plan shows the general whereabouts of the land being described in the register.

*title plans alone can not be used to prove the whereabouts of boundaries.

Any plan attached to a pre-registration deed is no longer part of a title to your land.

semantics, but said plan is evidence and as relevant as it was prior to registration - you're absolutely wrong to think otherwise.

Kind regards, Mac
*unless they contain details relating to determined boundaries.
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Re: Re Land Registry Title Plans

Postby MacadamB53 » Sat Sep 17, 2016 6:34 pm

Loosey wrote:We have a boundary shown as a concrete separating our house from my neighbour as defined on the Land Registary Title Plans for both of our properties.

My neighbour decided to moved the boundary between our houses in accordance with the deed plans which has resulted in me loosing a proportiion of our land to him.

Obviously we want our rightful land back

My questions to the board are :

a) Do the Title Plans hold title over Deed plans which are indicated as for information only
b) My neighbour would have recieved a copy of the deed plans at his practical completion, but would he have also recieved a copy of his Title plans at the same time showing the amended
position of the boundary.

No applicaton has been made for adverse possession.

Thanks in advance for any help or advice
you will need to make a successful AP claim before you can make such an assertion - he's down nowt unlawful.

Kind regards, Mac
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