Land Dispute - "identified a conflicting element"

[Guest]

This post concerns the ownership of a piece of land adjoining the properties of my neighbour and myself.

In summary, I had a dispute with my neighbour on ownership of the land in question. I consulted a land surveyor and a solicitor; they inspected numerous historical deeds/conveyances/ land registry entries etc. and they concluded that I own the land.

The evidence was presented to my neighbour, and they accepted my ownership.

However, my neighbour’s son has recently looked at this matter, in detail, following the passing of his father, and consulted a London barrister, who according to the son, specialises in land claims.

The barrister has concluded that I do not own the land, claiming that the land surveyor is incorrect due to his lack of legal knowledge.

The barrister has gone on to say he “identified a conflicting element, and under this specific circumstance of record conflict, there has been a court challenge that clarifies which is authoritative”.

I have not had chance yet to speak to my solicitor, as I’ve only just received this communication, but the phrase, shown in inverted commas, and underlined above, concerns me.

Is it likely that there has been a court case in the past, and the court issued a ruling as to who owns the land?

Advice and comment would be appreciated.

Thank You,

[atticus]

I suspect that the barrister is referring to a court ruling which decides the principle of which of the apparently conflicting documents is to prevail.

Speaking to your solicitor will be a good idea.

[Guest]

Atticus,

Thank you for your prompt response.

Do you interpret this statement that, in the past, there has been a court case concerning the ownership of this specific piece of land?

i.e. the court has then made a ruling as to who actually owns it?

Miss Spencer

[atticus]

No. My view is as previously mentioned.

I suspect that the barrister is referring to a court ruling which decides the principle of which of the apparently conflicting documents is to prevail.

Speaking to your solicitor will be a good idea.

[Guest]

Thank you Atticus,

Kind Regards,

Miss Spencer

[Guest]

Unfortunately, my solicitor is currently on holiday for two weeks, so I will have to wait.

I do find it incredible though, that although the land is clearly outlined as mine in the conveyance and the at the Land Registry,there has never been any prescriptive rights claims, or adverse possession claims,The vendors solicitor and a specialist surveyor all confirm that I own the land.Now it seems I might not actually own it.

I can only assume there are legal documents that take precedence over mine.

I will report back to the forum!

[Lola49]

I read it as a court ruling that is case law.