Statute of limitations to adverse possession appeal?

quizalot

Hi,
my family made a mess of objecting to a neighbour claiming our share of property (commonage land) in 1998/1999 through an adverse possession claim to Land Registry. We've lots of evidence that we used the land up to 1998. The neighbour's affidavits contained lots of obvious nonsense/lies about his 'exclusive use' of the land. But for various reasons my folks have done noting about it since.

Are we now statute barred from getting the courts to overturn his possession of our share?

Thanks for any advice!!:)

nuac

You appear to be statute barred, but talk to your solicitor, disclosing all the facts.

quizalot

Thanks, Nuac, what time period bars us? Is it 12 years again (as in the original adverse possession)?

Is the fact that he lied in his affidavits not the same as stealing? Does statute of limitations apply to theft (if it can be seen that way?)?

Tom Young

We don't do legal advice, per charter.

pirelli

quizalot wrote: »

Thanks, Nuac, what time period bars us? Is it 12 years again (as in the original adverse possession)?

Is the fact that he lied in his affidavits not the same as stealing? Does statute of limitations apply to theft (if it can be seen that way?)?

It is perjury. Where have you been.. remember Willie O'Dea misrepresented facts (mistakenly) in his affidavit. He cannot make a claim to your land through perjury IMO. Also check out tort deceit there is no statute of limitations on this until you discover the fraud, So if you have only discovered this now then now is the time to take action and you have 3 years from discovery.