Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 1 month ago

Blocking adverse possession UK ?

We believe our neighbours are trying to claim adverse possession of our land. 

We purchased from “ a finance consortium who have taken over from a firm who appear to have re-possessed the property and then gone into liquidation” after the owner/occupier passed away. 

- Quoted from my then solicitors for the property purchase. 

Can anyone tell us if we would be covered under practice guide 5: adverse possession of (1) unregistered land and (2) registered land where a right to be registered was acquired before 13 October 2003 

3.2”Arguably the fact that the estate of the trustees continues in this way means that an application cannot be made where the limitation period relied on starts to run:

after the death of the owner and while their estate is being administered” 

4 Answers

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  • 1 month ago

    <<We purchased from “ a finance consortium who have taken over from a firm who appear to have re-possessed the property and then gone into liquidation” after the owner/occupier passed away. >>

    Who is the registered owner listed on the deed?  You can download this and read it at any time. 

    <<We believe our neighbours are trying to claim adverse possession of our land.>>

    The registered owner may bring possession proceedings to evict the squatter from the property.  In order to acquire title by adverse possession, a squatter must live there openly and without legal entitlement or your consent.  In your case that will be for 12 years.  As that would bring us to 2015, this question is very silly.  

    <<Arguably the fact that the estate of the trustees continues in this way means that an application cannot be made where the limitation period relied on starts to run: after the death of the owner and while their estate is being administered.>>

    This gets sillier and sillier.  There is no evidence of a trust.  You are either very young or your brain is a box of rocks.

  • 1 month ago

    "Actual, visible, open, notorious, hostile, under claim of right?" Yet, you mention none of that. Oh well.

  • Pearl
    Lv 7
    1 month ago

    maybe you should talk to a lawyer about it

  • Rick
    Lv 7
    1 month ago

    Lawyer time .................................................

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