Adverse possession for property due to be auctioned

magicEye

Hi,

hoping someone can shed a bit of light onto this.

We're looking at a property that's due to go to auction soon. There is a claim on the property for adverse possession, is there anything that can be done about it?

Who owns the property at the moment? and when would the 12 years necessary for such a claim start? if the property was handed to the bank let's say in 2015, would the 12 years start then? Or not?

Also any idea about the costs involved if one was to risk and buy such property, afterwards, for fighting the adverse possession claim?

Thanking you,

Magic

Fred Swanson

This post has been deleted.

davo10

When you buy at auction, you buy the property as it is, warts and all. You have to do the research before and and accept/deal with any problems afterwards. You will need to discuss this with a solicitor before you bid on it, but I can assure you, removing an errant tenant/squatter can be a lengthy, frustrating and expensive process.

The auctioneer will know who owns the property, you can request property details in advance of the auction. If the "residents" are in situ, ask what attempts have been made to gain vacant possession, this should tell you all you need to know.

Really Interested

magicEye wrote: »

Hi,

hoping someone can shed a bit of light onto this.

We're looking at a property that's due to go to auction soon. There is a claim on the property for adverse possession, is there anything that can be done about it?

Who owns the property at the moment? and when would the 12 years necessary for such a claim start? if the property was handed to the bank let's say in 2015, would the 12 years start then? Or not?

Also any idea about the costs involved if one was to risk and buy such property, afterwards, for fighting the adverse possession claim?

Thanking you,

Magic

No one could give any idea of the costs to defend any claim it could depending on how far the other side takes it run into tens of thousands maybe even more.

To answer the question re start of 12 years would require a solicitor appraised of all the facts to answer.

Victor

Do not bid without talking to your own solicitor.

magicEye

Possession is vacant and has been for quite some time, there are horses on land and there is a bit of land attached to the property; our own solicitor has said they cannot verify the claim, that came from someone's solicitor (we suspect it might be the owner of the horses)...

Fred Swanson

This post has been deleted.

magicEye

Fred Swanson wrote: »

This post has been deleted.

That's what our solicitor has said too...

magicEye

Victor wrote: »

Do not bid without talking to your own solicitor.

We talked, but they couldn't answer all the questions....

Really Interested

magicEye wrote: »

We talked, but they couldn't answer all the questions....

Not being smart, but your solicitor is a solicitor, is aware of the property has knowledge of the claim, how can non lawyers on here give any further information.

magicEye

magicEye wrote: »

Possession is vacant and has been for quite some time, there are horses on land and there is a bit of land attached to the property; our own solicitor has said they cannot verify the claim, that came from someone's solicitor (we suspect it might be the owner of the horses)...

You need a little more information than this to accurately assess the risks of going forward.

A chat with somebody local might fill you in. For example, when did the registered owner last use these lands? and what was the scenario that allowed the horse owner to move on the property. Perhaps the original owner died or went into a home.
Its also important to know, if the relevant event was over 12 years ago, whether any attempt was made to inform the horse owner that he was trespassing and had no rights to the property.

magicEye

Really Interested wrote: »

Not being smart, but your solicitor is a solicitor, is aware of the property has knowledge of the claim, how can non lawyers on here give any further information.

The only reason we went to a solicitor was so they could verify the claim, I thought they can request the other solicitor for more details... only to be told that they cannot do that... I actually told the solicitor that if I'd have known this, I wouldn't have asked them to do anything for me.... as they're still charging me 300 plus vat for telling me what I already know..

Just cannot understand how

nuac

Mod
Is this a wind-up?
Whatever - you cannot get legal advice here. You have already been told to talk to your own solicitor
Thread closed