Adverse Possession on Private Road Frontage

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Adverse Possession on Private Road Frontage

Post by ParallelLines » Sun Jun 23, 2019 11:11 am

Hi guys,

I did mention this topic in a thread I started last year but there are new facts now so I hope you will forgive me starting anew.

I live on a private road where there is about a five metre frontage to the road on one side, with a smaller frontage on the other.

On the bigger side planning approval has recently been given for a conversion of a care home to seven flats, with seven parking spaces on the frontage. However at the time when permission was granted the applicant did not own the frontage included on the plans, which they declared to the council.

The owners said they were applying to gain possession of this land by adverse possession, this was late last year. The facts are the owners have owned the care home since 1997. Both the frontage and land inside their boundary was gravelled, I don't know when but very likely before 1997. Looking at the recent case of Thorpe v Frank it seems to me at least they might have a good chance, however every case is different I know.

There is no footpath on our road so pedestrians walk over these verges all the time as the road is quite narrow. The thing is if their claim is successful then they can enclose this frontage and on the other side as luck would have it, it is the only section of road having no frontage. As this is a long straight road when cars are parked it does get quite tricky at times when walking.

I was wondering how I go about checking what happened to the adverse possession claim? On the LR do I need to put the property address in or do I need a OS reference for the frontage? Also if I put the address in, if the claim has been successful would it show up already on the title deeds, given that they had it in last November?

Do people think Thorpe v Frank will lead to lots of people putting a surface or gravel on their frontage and then going for adverse possession in 12 years time???

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Re: Adverse Possession on Private Road Frontage

Post by ukmicky » Tue Jul 02, 2019 1:44 am

Despite what is generally thought you do not need to enclose land and keep the world out in order to gain something under adverse possession , it helps if you do and makes your claim easier but in reality you only need to show your intention to possess and then show a sufficient degree of control over the land to the level that the paper owner would be expected to show.

Even if the paper owner were to walk over the land once in a while , providing the adverse possessor has done something which would show to the paper owner someone has taken possession of his land ,simply walking over the land will not end the adverse possessors possession of the land and reset the clock if its claimed under the old rules and under the new rules for registered land there is legally no clock to reset.

If its land that is naturally open and in normal circumstances it is reasonable for the owner to leave it unfenced the adverse possesor can do the same but he will still need to show factual possession with the necessary intention to possess for the required number of years .

Adverse possession takes time but your best approach maybe to claim an easement or a Public right of way if possible.

Also in a lot of cases the frontager already owns the grass verge outside even if its not on his deeds but often cant do nothing with it as its presumed to be highway.
Any information provided is not legal advice and you are advised to gain a professional opinion

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