Search found 31 matches

by xxredmaxx
Tue Sep 19, 2017 9:35 am
Forum: Boundaries
Topic: Have I lost the land?
Replies: 88
Views: 15464

Re: Have I lost the land?

1 Where, as in this case, the property in question is registered land, the file plans show only general boundaries and not the exact line of the boundaries unless the property is said to be "more particularly described in the plan." 2 Similarly, Ordnance Survey plans, if not forming part of the regi...
by xxredmaxx
Mon Sep 18, 2017 11:25 pm
Forum: Boundaries
Topic: Have I lost the land?
Replies: 88
Views: 15464

Re: Have I lost the land?

Not sure that they can be shown to have reasonably believed that they owned all of the land for the whole 10 years, given its challenge by both you and the previous owner. Your solicitor should be able to advise further. I'd also follow her advice re the 1st tier tribunal. She's the one you're payi...
by xxredmaxx
Mon Sep 18, 2017 11:21 pm
Forum: Boundaries
Topic: Have I lost the land?
Replies: 88
Views: 15464

Re: Have I lost the land?

My comments about the predecessor are based on anecdotal evidence. We have considered tracing him to see if he will confirm and be a witness.
Thats a long shot so as it stands with what we have I cannot see how I can defeat the neighbour satisfying the four elements for AP.
by xxredmaxx
Mon Sep 18, 2017 9:17 pm
Forum: Boundaries
Topic: Have I lost the land?
Replies: 88
Views: 15464

Re: Have I lost the land?

Collaborate So, your defence to a claim for AP would be either that neighbour hasn't been in possession for the requisite period (they have) or under para 5 to Schedule 6 of the LRA 2002, i.e. neighbour cannot satisfy the registrar that it would be unconscionable to deny the squatter registration (...
by xxredmaxx
Mon Sep 18, 2017 7:42 pm
Forum: Boundaries
Topic: Have I lost the land?
Replies: 88
Views: 15464

Re: Have I lost the land?

Collaborate under para 5 to Schedule 6 of the LRA 2002, i.e. neighbour cannot satisfy the registrar that it would be unconscionable to deny the squatter registration (e.g.The registered proprietor encouraged or allowed the squatter to believe that the squatter owned the land: the squatter acted to ...
by xxredmaxx
Mon Sep 18, 2017 7:03 pm
Forum: Boundaries
Topic: Have I lost the land?
Replies: 88
Views: 15464

Re: Have I lost the land?

If you want to challenge it you have to initiate proceedings in court. Your neighbour is likely to defend those proceedings, but the first thing the court has to do is determine where the actual boundary is, and secondly work out whether there is a valid AP claim to the extent to which the boundary...
by xxredmaxx
Mon Sep 18, 2017 4:27 pm
Forum: Boundaries
Topic: Have I lost the land?
Replies: 88
Views: 15464

Re: Have I lost the land?

how could your predecessor have no knowledge of the whereabouts of the legal boundary? only if he bought without seeing a copy of the title plan and had not seen one since it would seem... becasue some people are not as confident, knowledgeable or smart. I never look at my title plan until 4 weeks a...
by xxredmaxx
Mon Sep 18, 2017 2:58 pm
Forum: Boundaries
Topic: Have I lost the land?
Replies: 88
Views: 15464

Re: Have I lost the land?

Collaborate I did ask earlier but perhaps you would offer an opinion. Following your comments re my predecessor agreeing fence position... If my predecessor had no knowledge of the actual legal boundary or was not in a position to verify the neighbours view does that validate or invalidate the decis...
by xxredmaxx
Mon Sep 18, 2017 12:32 pm
Forum: Boundaries
Topic: Have I lost the land?
Replies: 88
Views: 15464

Re: Have I lost the land?

Hi xxredmaxx, assuming the land was ever part of the parcel of land, then arborlad is correct. an equitable solution would be to compensate the neighbour for having let him believe he owned the land all this time - amount would be dependent on how he'd made use of it. it could be argued that your s...
by xxredmaxx
Mon Sep 18, 2017 9:07 am
Forum: Boundaries
Topic: Have I lost the land?
Replies: 88
Views: 15464

Re: Have I lost the land?

I've been quite busy with work so unable to get to grips with uploading images. I am told by admin that attachments are disabled and I have to use Imageshack. I will try and get to this when I have time to edit the images so no personal info is present and size them so they are useful. Thanks for al...
by xxredmaxx
Tue Sep 12, 2017 6:38 pm
Forum: Boundaries
Topic: Have I lost the land?
Replies: 88
Views: 15464

Re: Have I lost the land?

[/quote]

with neighbour or on here?[/quote]



........either, but preferably on here. You've done an excellent job of describing the situation as you see it, but, as the saying goes.............'a picture tells a thousand words'.[/quote]

OK
am I only able to upload photos or can I upload PDF too?
by xxredmaxx
Tue Sep 12, 2017 8:29 am
Forum: Boundaries
Topic: Have I lost the land?
Replies: 88
Views: 15464

Re: Have I lost the land?

Is that a serious question Mac? It appears rather flippant. A Poster asks for advice to help him recover land that he legally paid for, he believes he has the paper Title to the land and the evidence to support it. There is NO rule of thumb, if you own the paper title then you and only you own the ...
by xxredmaxx
Tue Sep 12, 2017 8:28 am
Forum: Boundaries
Topic: Have I lost the land?
Replies: 88
Views: 15464

Re: Have I lost the land?

arborlad wrote:
xxredmaxx wrote: I do have some photos, title deeds and old photos from Google too and may post later.



Now might be a good time to share those photos, etc.
with neighbour or on here?
by xxredmaxx
Tue Sep 12, 2017 8:27 am
Forum: Boundaries
Topic: Have I lost the land?
Replies: 88
Views: 15464

Re: Have I lost the land?

Hi xxredmaxx, The fence was not there in 2000 so the question of has any boundary feature been moved or replaced in the last 20 years was answered falsely by the seller. It was erected circa 2003 only 10 years before it was sold to me. so does that mean you owe the seller some extra money because n...
by xxredmaxx
Mon Sep 11, 2017 5:05 pm
Forum: Boundaries
Topic: Have I lost the land?
Replies: 88
Views: 15464

Re: Have I lost the land?

The wall is not made of bricks from the house which was built 1923. The bricks are part of the garage build that was erected in 2003. They match perfectly. I understand a previous owner (not my seller) built the wall after a dispute with my current neighbour to stop bushes and ivy encroaching. It a...