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Adverse Possession & Lapsed planning applications
Hello all, I am looking for recommendations or advice on adverse possession. The situation is this, our property and that of 6 other houses neighbour a small plot of land owned by an unreasonable man who seeks to exert his ownership by infrequently sending letters to all neighbours telling them they are trespassing when they cut the grass and keep the undergrowth at a reasonable distance from their properties. The land in quesiton lies immediately adjacent to our own proeprties, with no discernable border or indication of ownership. It has the appearance of an extension of our own front gardens, albeit the otherside of a small path that serves all the houses.
In the past he has made unsuccessful planning applications to develop the plot. Fortunately during the last 52 years (he inherited the land from his mother and father) our neighbours and our predecessors have regularly tended and maintained his plot, some even having created an extension of their own gardens on his land but during all these 52 years, to our knowledge, he has not ever so much cut a blade of grass. If it were not for the neighbours tending to this area themselves it would have been overrun with undergrowth and unwanted pests a very long time ago! We moved into the property 2 years ago, however most of our neighbours have lived here in excess of 10 years, in the case of one home owner, since the houses were built over 50 years ago.
In 2012 the owner made a planning application to erect a fence, and permission was granted. On inspection of the councils web site we notice that the permission was granted for 5 years and therefore has lapsed. We are about to write to the council about this, asking what if any steps we can take to object/prevent him from a) erecting the fence and b) stop any further housing development.
My questions then are these;
Would we or any of our neighbours have a grounds for a claim of adverse possession?
What would make for a successful adverse possession claim?
What would be involved and whether it is worth pursuing?
In regards to the planning permission lapsing - if the fence is erected, can we insist it is removed? We suspect the council will simply grant retrospective permission, therefore is there a way to stop this?
lastly, c
an anyone recommend/suggest a lawyer (solicitor/barrister) who has experience in adverse possession?
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