Preventing Adverse Possession

Preventing Adverse Possession

Postby Morgan Sweet » Mon Aug 14, 2017 8:10 am

I have been in dispute over a 500 square metre piece of land for over a year, despite offering a joint declaration of boundary and agreeing to mediator (neighbour's Chartered Surveyor) I am getting nowhere. Time is against me, he has had possession for 9 years, so I ran a single strand wire fence between 2 wooden stakes supported by plastic fencing stakes just inside the boundary in a straight line as shown on LR Title plan. I informed neighbour of what I had done, he then drove to site and rang Police saying he had ripped out the fence and would use his fists on me if the Police did not sort me out. Police visited me and looked at LR Plans and read correspondence and told me in their view all I had done was perfectly legal and I was following the correct procedures. They informed me that they would warn neighbour that any repeat of his actions could result in a criminal prosecution but they would take no action about the fence as it was not expensive and the land was in dispute. Have I interrupted his possession? I have photographs of me erecting fence. Can I obtain a copy of his complaint to Police in which he says that he has ripped out fence and would use his fists on me? I am a little reluctant to erect the fence again (he is twice the size of me and twenty years younger) and wonder what I can safely do to break his possession. I have of course informed him in writing that he is trespassing on my land but I feel that I need to break his possession so I have more time to get my land back. I am saving up to take the case to a solicitor to act but do not want to run out of time but hope to remain healthy.
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Re: Preventing Adverse Possession

Postby jdfi » Mon Aug 14, 2017 4:58 pm

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Re: Preventing Adverse Possession

Postby Morgan Sweet » Mon Aug 14, 2017 5:56 pm

Hello jdfi

Thanks for the link, I had already read the case but if I could understand it then I would not have asked the question. :?
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Re: Preventing Adverse Possession

Postby ukmicky » Mon Aug 14, 2017 6:09 pm

Ripping out the fence would be classed as with force which will prevent an adverse possession claim and If you still have accessed and still regularly access the land he hasn't also excluded the true owner also but to be safe you need an injunction.


Is this land registered, if so a normal adverse possession claim cant succeed if you object in the correct way.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Preventing Adverse Possession

Postby Morgan Sweet » Mon Aug 14, 2017 7:02 pm

Yes, I think that I do need an injunction and despite trying to negotiate I have got nowhere. I will have to employ a solicitor since all my other methods have just wasted time. He appears to have accepted that the fence is in the wrong position (his surveyor who transferred the land says that fence is in wrong position) but now has written to the previous owner who sold the land to him 9 years ago and he says that she will state that she agreed the position of the fence to be where it was sited. She did not inform me that there was any variance from what was shown on the LR Title Plan Deeds when I bought the land. Is this agreement to position fence in a different place to what is clearly shown on LR plan binding on me? What is involved in taking out an injunction?
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Re: Preventing Adverse Possession

Postby Eliza » Mon Aug 14, 2017 7:17 pm

Have you just taken his word for it that he has written to her? Or have you asked for proof (ie copy of his letter to her and copy of her reply back).

I wouldnt believe he has done this unless I saw this proof.
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: Preventing Adverse Possession

Postby Roblewis » Mon Aug 14, 2017 7:37 pm

Of course the vendor would NOW be admitting some form of misrepresentation if she now states the current fence is correct. The six year clock has now started to tick. You need to talk to her, she seems to regard such matters as a minor misunderstanding. It is not and goes to the heart of the property value.
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Re: Preventing Adverse Possession

Postby Morgan Sweet » Mon Aug 14, 2017 10:29 pm

I will try to answer all questions posed.

1. Yes the land is registered at the Land Registry and I have the Title Deeds Plan clearly showing boundary.
2. I have been asking for the written agreement for months now, yet to receive it.

What is the correct way to STOP any further adverse possession?

Would any written agreement (that was not disclosed to me on purchasing the land) be binding on me?

I do not understand about a six year rule.
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Re: Preventing Adverse Possession

Postby jdfi » Tue Aug 15, 2017 8:15 pm

ukmicky wrote:Ripping out the fence would be classed as with force which will prevent an adverse possession claim


Are you sure?
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Re: Preventing Adverse Possession

Postby ukmicky » Tue Aug 15, 2017 10:38 pm

jdfi wrote:
ukmicky wrote:Ripping out the fence would be classed as with force which will prevent an adverse possession claim


Are you sure?


Yes,if he commits criminal damage. Problem you got is the police wont charge.

What makes you think its your land and not his. Title plans only show general boundaries. I take it someone took down a fence in the past.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Preventing Adverse Possession

Postby Morgan Sweet » Wed Aug 16, 2017 7:27 pm

No one took down a fence, a piece of land was sold and the neighbour erected the fence in the wrong place. The land in question has been inspected by the Chartered Surveyor who drew up the transfer plans, the land is a wedge 130 metres long by 8.5 metres at one end and 2 metres at the other end. A sizeable wedge. The neighbour put the fence in the wrong position after he bought the land shown on the transfer map (confirmed by the Surveyor and my Solicitor). You only have to lay the OS map used to send to the LR for the transfer showing the area sold as a red hatch and compare to an up to date OS map showing where he put the physical fence, it is clearly in the wrong place. Getting him to move it is the problem.
Last edited by Morgan Sweet on Wed Aug 16, 2017 7:38 pm, edited 1 time in total.
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Re: Preventing Adverse Possession

Postby arborlad » Wed Aug 16, 2017 7:35 pm

Is this the same piece of land?: viewtopic.php?t=20316
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Re: Preventing Adverse Possession

Postby Morgan Sweet » Wed Aug 16, 2017 7:49 pm

Yes it is the same piece of land. It is now owned by me and I am trying to get the fence moved to the position shown on the LR boundary. Neighbour (builder) knows he put fence in the wrong place but is now claiming he had agreement from original owner (who sold him the land) to put the fence where it is. We have asked to see agreement and he has not produced one but now says the previous owner will write letter saying he was happy with where he (the neighbour) put fence. Solicitor says unless the agreement was signed by all parties and registered with the Land Registry at the time of sale it should not be binding on me. The Search did not reveal any such agreement. I believe that he is just playing for time.
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Re: Preventing Adverse Possession

Postby arborlad » Wed Aug 16, 2017 8:11 pm

Morgan Sweet wrote:Yes it is the same piece of land.




It would've been better to have continued that thread.
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Re: Preventing Adverse Possession

Postby Morgan Sweet » Wed Aug 16, 2017 9:35 pm

Yes it may have been, however things have now changed. I now own the field (and the problem). Conveyancing Solicitor and now Chartered Surveyor both have confirmed to me that the physical fence is not where the LR boundary is. Problem is the neighbour says he had an agreement to place it where he did with the previous owner at the time of the sale. I do not know if this carries any weight or not, have got conflicting advice. Have asked to see agreement for over 6 months and have yet to see it.
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