Adverse Possession

**doodab** · 6 March 2012, 12:16

Originally posted by quackhandle View Post

There's a bit of land directly out the back of my house It is 50ft by 200ft and slopes down to a stream, so it can flood a bit from time to time. It has been looked after by neighbours who we don't get on with plus people three doors along. Been told that the land used to belong to the house I live in, but that is probably going back over 15 years as even former owners of my house who work close by never used it.

Now recently the people a few doors down are selling up and have advertised the land in a big way as their house is a complete tuliphole (didn't know they were the "owners" but I checked with Land Reg and on plan and title search comes up blank, for my property) Filled in a SIM form and this states that the land is unregistered. Have looked into adverse possession (have learned that squatters right's is a form of this) and even if my house used to own the land I would have lost it as I have done nothing with it for a number of years.

Anyone else been through a similar scenario? Can you just give land away? And yes, I know I can speak to a conveyancing solicitor, but that costs money!

Thanking you

qh

and yes, I've read the wikipedia entry for it!

I think that the people claiming possession need to have occupied the land for 12 years. If they haven't lived there that long, they can't claim it. It might also require that they actually do something with it like fence it off, rather than simply mowing the grass.

I guess you would have some sort of a deed for it if it were actually yours.

**BrilloPad** · 6 March 2012, 12:20

Go and fence it off - then attach it to your property.

If the neighbours complain send round Big Ron to sort them out....

**doodab** · 6 March 2012, 12:31

Might be useful reading:

Practice Guide 5 - Adverse possession

**Doggy Styles** · 6 March 2012, 12:47

Originally posted by doodab View Post

I think that the people claiming possession need to have occupied the land for 12 years. If they haven't lived there that long, they can't claim it. It might also require that they actually do something with it like fence it off, rather than simply mowing the grass.

I guess you would have some sort of a deed for it if it were actually yours.

12 years?

Without changing my deeds I've given up 4 feet of my front lawn to widen the drive to my neighbour's house so it is wide enough for two cars.

After 12 years will I have given up rights to it due to their usage or somesuch? Even though I sometimes park there myself? Doesn't sound fair.

**doodab** · 6 March 2012, 12:50

Originally posted by Doggy Styles View Post

12 years?

Without changing my deeds I've given up 4 feet of my front lawn to widen the drive to my neighbour's house so it is wide enough for two cars.

After 12 years will I have given up rights to it due to their usage or somesuch? Even though I sometimes park there myself? Doesn't sound fair.

No I don't think so as there is no adverse possession if it's all been negotiated + you continue to use the land yourself. If they just widened their drive and you did nothing that would be different.

**xoggoth** · 6 March 2012, 13:09

Think dooddab know what he is talking about. Still I would suggest garden law / neighbours from hell as better fora. To adopt an unused area as a garden change of use may also apply, that's a council matter.

**BrilloPad** · 6 March 2012, 13:15

Originally posted by Doggy Styles View Post

12 years?

Without changing my deeds I've given up 4 feet of my front lawn to widen the drive to my neighbour's house so it is wide enough for two cars.

After 12 years will I have given up rights to it due to their usage or somesuch? Even though I sometimes park there myself? Doesn't sound fair.

I have a shared driveway - I rarely use it but make sure I drive down there once a year just in case.

**quackhandle** · 6 March 2012, 13:37

Zeitghost, care to expand?

Cheers for the posts, I don't think I can claim it as I've not done anything regards the land, the people selling it have chickens on there now, but be interesting to see if the new owners register it with LR. And when it floods twice a year!

qh

**Platypus** · 6 March 2012, 13:42

I think the sellers will have a problem if they try to sell a piece of land which is not registered to them. The purchasers' solicitor should spot this and would advise their client accordingly that they are not actually buying the piece of land, just the house.

Adverse Possession