Someone selling my land

[Guest]

In about 1980 (when I lived in a nearby house), newcomers to the area spread the word that they had bought from builders a small piece of land at the end of the road. They spent the ensuing years fly tipping waste from their garden onto this land, cultivating a hedge around the Land and removing/ replacing the existing fence. Some years ago, I moved to a house adjacent to this land. About five years ago, someone asked me who owned the Land, disputed that the neighbours own it and advised me to do Land Registry searches. The outcome was that I own the Land, as confirmed by both the LR and a letter from a Chartered Surveyor. Both properties are free hold.

Legal advice was that I should do nothing at that time because the neighbours would start a legal process to claim ownership.

Now their house is for sale, together with the Land. Any suggestions please?

[Amethyst]

Okay, in the 'olden days' they might have gained adverse possession as they have used the land for more than 12 years, as their own, without challenge, however as the land is registered, and attached to your property, then they will have problems selling with the land as any conveyance should show up straight away it isn't theirs. They'd then have to apply for adverse possession which you could counter.

However they may still succeed as they were saying they'd bought the land from the builders...

the squatter has been in adverse possession of land adjacent to their own under the mistaken but reasonable belief that they are the owner of it, the exact line of the boundary with this adjacent land has not been determined and the estate to which the application relates was registered more than a year prior to the date of the application.

I wonder if the builders told them the land was part of the sale at the time, and they are actually entirely innocent in all this and are in for a shock when the conveyance is done.

Also as they have used the land since 1980 odd they may have gained rights in any event

There are important transitional provisions in the Land Registration Act 2002 covering cases where a squatter was in adverse possession of registered land for the requisite limitation period ~( 12 years ) under the Limitation Act 1980 so as to have acquired the right to be registered as proprietor before 13 October 2003.. This will usually have happened if the squatter was in adverse possession for at least 12 years before 13 October 2003, though sometimes a longer period will be necessary.

Plus that you didn't know the land belonged to your house when you bought it and only found out on a search later.

Have you also checked the neighbours deeds ?
And have you ever broached the subject with the neighbours ?

I think - if you want the land - you would have an uphill battle, but if it is a valuable bit of land, adjacent to your property and registered as part of your property it is likely to be worth getting formal legal advice on what to do next.

https://www.gov.uk/government/public...egistered-land

[Guest]

The chartered surveyor who confirmed my ownership pointed out things that he said indicated someone deliberately trying to possess something they knew did not belong to them (such as growing a hedge around the existing boundary fence). It is not valuable at present but may be in the future if land at the back of my house is ever built on. I've bookmarked a couple of solicitors on your sister site to get in touch with.

I should add, yes I bought copies from the LR of four properties plus mine to see where all the property boundaries are. The land is not registered to them and its definitely registered with the LR as being part of my property.

Thank you