Land issue / squatters rights / planning permission

johnmaloney88

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Samuel T. Cogley

20 years could be an issue alright - you need to get on to a solicitor.

JeffKenna

You could be snookered here I'm afraid. Best to contact a solicitor.

ezra_

johnmaloney88 wrote: »

Thanks for the replies guys, this is an area i'm not familiar with.
So if you purchase a site if someone has taken over part of it then it's just tough luck?

Normally when you are purchasing a site, you involve a solicitor to effect the transfer of title.

That would have flagged the issue before the the purchase was completed.

ct5amr2ig1nfhp

Is there any other access to your site, other than that strip of land in the picture?

johnmaloney88

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Samuel T. Cogley

Yes after 12 years he can bar you from exercising your rights over the land and ultimately get title of it. It's called adverse possession aka squatters rights. Speak to a solicitor AP is usually quite easily defeated.

4ensic15

johnmaloney88 wrote: »

But can he claim sqautters rights on a piece of road used for his estate. He rents out two house and has actually sold the first two house in the estate. Could that mean he didn't have sole use of the land to claim squatters rights?

He hasn't claimed squatters rights or anything yet i'm just checking in case it goes to court.

Thanks

To claim squatters rights the squatter must have sole use of the land. However, every situation turns on its own facts and you will need professional advice on your situation. What was your uncle doing for 20 years while this carry-on was going on?

4ensic15

What good is a 2" pipe if you can't drive into the site?

nuac

JM88
Suggest you consult a solicitor and surveyor or engineer now.
When you have their reports and have completed your local enquiries, you should, if so advise by your solicitor, talk to the neighbour concerned.
Every effort should be made to resolve the matter through talks.
Litigation with a neigbour should be a last resort.
Irrespective of the result the repercussions can last for generations

4ensic15

johnmaloney88 wrote: »

I can use the road built for the estate.
No one can deny you access to your land even with squatters rights i assume?

The neighbouring owners are under no obligation to allow you to cross their land to let you into your own. Whatever gave you that idea?
Surely your solicitor checked the access to your land before you signed the contract?

4ensic15

johnmaloney88 wrote: »

He built the road on our land. I will not be crossing their land. Have you experience in this area?

He built the road on what might have been your land. You will be crossing land you may or may not own. Boards doesn't allow self-promotion.

mickuhaha

It seems you need to get a copy of your original deeds and map and a copy of the neighbors from the land registry to sus out your position. 12 years adverse possession is hard to beat .

goldenhoarde

johnmaloney88 wrote: »

If you don't have personal experience in this field can you please refrain from posting.

Thanks

When you ask for advice you shouldn't expect all to agree.

Best advice has been given so I'd look at getting a solicitor to review and advise but as pointed out this should have been done in the sale process

As they have 12 plus years AP it's hard to beat. Seen a case at home that went against the purchaser and it's still an empty plot of land ten years later

4ensic15

johnmaloney88 wrote: »

If you don't have personal experience in this field can you please refrain from posting.

Thanks

I will post if I like.
Thanks.

ezra_

Have a google for the term 'Adverse Possession', otherwise known as squatters rights.

You need to speak to a solicitor and also start thinking about the fact that your uncle may have lost title (ownership) to part of the land.

Victor

Is it arguable that a publicly-accessible road (unless there is a gate or something across it) is not occupied nor in anyone's possession ?

There is case law that a drainage ditch not being capable of being occupied.

notharrypotter

Ok Your uncle owned the land.
Your uncle left the country.
You later bought the land from your uncle without legal advice.


Pig in a poke by the sounds of it.


You need proper legal advice, admittedly it's probably late in the day.

4ensic15

I wouldn't think he bought the land from the uncle at all. Nobody in their right mind would do a thing like that.