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I will try to keep this as short as possible, but in doing so I trust that readers will understand we have already been through every amicable approach possible before resorting to investigating the legal facts.
I bought my house in 2016. On the date of my purchase my neighbours (X) were in actual occupation of some of my land (with consent of our predecessor - now deceased )
The neighbours claim an overriding interest as per para 2 sch 3 of the LRA 2002. Both properties are registered.
I do not dispute that they were in actual occupation of the land in question.
I do however dispute the presence of an interest.
satelite imagery shows they took possession after 2013.
Records show that our predecessor was a leaseholder (equity release) from 2009.
the leasehold title was closed between April 2015-July 2015. I’ve read that a leaseholder is unable to encumber the freehold.I suppose the question is what do squatters obtain an interest. On day 1 or after 10 years.
Any advice on if this would qualify as an overriding interest?
As opposed to a personal right they claim the leaseholder had granted.
I bought my house in 2016. On the date of my purchase my neighbours (X) were in actual occupation of some of my land (with consent of our predecessor - now deceased )
The neighbours claim an overriding interest as per para 2 sch 3 of the LRA 2002. Both properties are registered.
I do not dispute that they were in actual occupation of the land in question.
I do however dispute the presence of an interest.
satelite imagery shows they took possession after 2013.
Records show that our predecessor was a leaseholder (equity release) from 2009.
the leasehold title was closed between April 2015-July 2015. I’ve read that a leaseholder is unable to encumber the freehold.I suppose the question is what do squatters obtain an interest. On day 1 or after 10 years.
Any advice on if this would qualify as an overriding interest?
As opposed to a personal right they claim the leaseholder had granted.
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