Squatters rights

archer22

Procrastastudy wrote: »

I think the confusion is arising due to the uninformed having an argument with the equally uninformed.

Yeah but I wont be in a court getting paid to argue it.

valleyoftheunos

Procrastastudy wrote: »

I think the confusion is arising due to the uninformed having an argument with the equally uninformed.

Speak for yourself buddy

The Concept of Squatters rights/Adverse Possession is not new, it is very old infact and it is right and just. As I have pointed out before it came about for a reason, to prevent injustice and despite what another poster here has suggested the fact that it is 2013 doesn't mean those considerations and injustice don't exist or can't come about.

Its not hard to prevent a squatter on your land from being successful in Claiming rights. Infact famously in one case, looking over a hedge once a year was enough to stop it.

I can't be bothered to go into it all again other than to say that it is part of the Law for good reason and it is also exceptionally rare. The Law on Squatters Rights is not putting the country in danger of being overrun by Land Grabbers and Carpet Baggers, looking for "Something for nothing".

Procrastastudy

valleyoftheunos wrote: »

Speak for yourself buddy

Indeed! I was only referring to myself and Mr Archer.

Sami23

Even after the 12 years can the squatter ever win the case and take title of the land when all the owner has to do is say he looked in on it once a year. (even if he never came back to it in that period) How could the squatter prove he didn't just cause he didn't see him.

Basically, how can the squatter prove the owner never came near the land in the 12 years ?

NoQuarter

Sami23 wrote: »

Even after the 12 years can the squatter ever win the case and take title of the land when all the owner has to do is say he looked in on it once a year. (even if he never came back to it in that period) How could the squatter prove he didn't just cause he didn't see him.

Basically, how can the squatter prove the owner never came near the land in the 12 years ?

I would imagine that as the squatter has possession, it would be an action by the paper owner most times and the burden would be on them to show that they had checked in.

AP is enormously complex though so it wouldn't be that black and white.

LowKeyReturn

Sami23 wrote: »

Even after the 12 years can the squatter ever win the case and take title of the land when all the owner has to do is say he looked in on it once a year. (even if he never came back to it in that period) How could the squatter prove he didn't just cause he didn't see him.

Basically, how can the squatter prove the owner never came near the land in the 12 years ?

Other posters here are far more knowledgeable than myself and AP is exceptionally complex. However there are obvious scenarios that it would be remarkably easy for the squatter to prove that he/she has has AP for twelve years. The paper owner being abroad, successors in title being unaware/unbothered about the land.

AP isn't there to facilitate land grabs - it's there to protect land value in exceptional circumstances.

househero

What a scumbag thing to do. You should be greatful you have been lucky enough to use something that is in no way yours for so long.

If you want something, pay for it.

Depp

househero wrote: »

What a scumbag thing to do. You should be greatful you have been lucky enough to use something that is in no way yours for so long.

If you want something, pay for it.

househero? more like internet hero...

Pat Mustard

Depp wrote: »

househero? more like internet hero...

Internet Hero, banned for trolling in After Hours...

topaha

Hi folks,

In short, just wondering do squatters right ‘built up’ by one generation of a family get passed on to next generation when the deceased estate is left to offspring?

Long version - 2 cases to discuss here. The 1st spawned a conversation about the 2nd and while they’re both interesting I’ve no skin in either case but I’ll pretend I have in the 2nd for the sake of brevity.

Case 1: rural village setting (where I grew up) It turns out an acquaintance from closest city had family from the village. His grand uncle (a bachelor) lived in this house all his life. The house has stood idle since granduncle’s death. It turns out that it’s known locally that granduncle was living in house but that the house was left to acquaintance’s grandmother by their mother.

It transpires that the house is a leasehold which is due to expire in the next couple of years.

My acquaintance, not being local, had asked if I could find out as much as possible about it so that he and his girlfriend could acquire the property, his grandmother has stated that she wishes him to have all that’s hers etc.

Anyway in conversation trying to find out any bit of info about that, another land title scenario was brought up. I’m going to pretend I’m the great grandson (but genuinely I’m not) here for brevity.

Case 2:

My great grandfather bought land in 2 pockets (probably more than 100yrs ago) 1 pocket was adjoining the land he already owned but there was 1 field about 500-750m away that he seemingly never farmed. This only came to light when my father discovered he was paying rates for the field in question (back when rates were paid on farmland, when was that?). When he quizzed his mother on it, it turns out she knew about the field but never said/did anything about it.

Now it turns out that the fella that would have farmed the field for a period overlapping my grandparents time holding the paper title (as I’ve read it referred to above) and my fathers time is deceased. The question in relation to this is that following his death and his son taking on his farming interests. Does the son acquire the fathers squatters rights to field or does he have to start his own 12 year period to establish rights? Or could the current paper title holder push him out of the field if it’s within 12 years of the son taking on the farming interest? It’s believed nothing has ever been done to formalize the use of the field (no adverse possession etc), just head kept below parapet, keep going while nothing is said kind of thing.

Sheep breeder

valleyoftheunos wrote: »

Total hogwash, OP has spent 16 years working on the land and improving it, it would be an injustice if the owner were to return from America and reap the benefit of all that work having done nothing himself.

The thing is he has paid no money for 16 year for the use, which is known as renting and what a lot of people do and also fence and improve the land for their own benefit. So how is there an injustice of having to pay nothing.

BO-JANGLES

What if your property is a semi detached house and joined to a neglected property that the owner takes no responsibility for it? I have been living beside such a property for over 14 years. Nothing but anti social behaviour in it. Locals using the back garden as a dump. Fire in the garden in the summer when the high grass alights. Roof tiles missing. Friends and family feel sorry for us . Don't think I could sell my own house with this mess . If I knew that the ownder/ builder was not going to finish his house I would never have bought this house. My life has being ruined, marriage is suffering due to all the stress involved. Feeling trapped and unsafe in my own home.

nuac

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