Adverse possession

[Mudlark]

I have been in possession of a piece of unregistered land since November 2018, the land has no known owner.
It is surrounded by natural hedging.
I have erected a net as a gate with locks, I hold the keys.
I have put up signs stating, private land, no public right of way at the one entrance point and two signs on the riverside border.
My boats prohibit entrance on to the land from the river
I use the land for my own exclusive use.
The Environment Agency tried to claim this land by claiming adverse possession but I objected and eventually they withdrew their claim.
The Envirnoment Agency still say publicly that they '' view themselves as owners of this land even though they hold no paper title''
What is my legal status on the land and can anyone move me from this land?
Your help would be very much appreciated.
Best regard
Mudlark

[R0b]

Hello

What do you mean that the EA states publicly they view themselves as owners of the land?

You say the EA tried to claim adverse possession but withdrew after your objection, was this an application to the court or the land registry or some other way?

Adverse possession is complex and technical but the rule is that there must be uninterrupted use to the exclusion of everyone else for at least 12 years (or 10 years if registered land). They would also need to prove there was an intention to possess the land during that period. Assuming your goods and other things are on the land, it would be difficult for them to prove, even if stated publicly, that they claim to own the land.

You need to keep a record of how long you have had it in possession as evidence. Timestamped photographs of the entrance signs, the locked gate etc. can be compelling evidence of possession of the land though not conclusive.

Not entirely sure what the position would be if the EA tried to eject you from the land and then itself claim adverse possession. I suspect there might be an argument for trespass to the land but I haven't come across a situation like that before.

[Mudlark]

Hi Rob,
Thank you for your comments.
The EA applied to register the land at HMLR and after getting 3 extensions they finally withdrew their claim but only after we objected and refused to back down.
I can't see how the EA could evict us as they have no proof of ownership.
We have applied for retrospective planning and the EA have informed the local council that '' they view themselves as owners of this land, ridiculous as it may seem.
But the big question is, what is my legal standing on this land.
Is it only those with greater title, ie paper title can trump our possession?
Regards
John

[des8]

If the EA consider themselves as owners of the land, why would they make an adverse possession claim?

Your position legally is that of a trespasser and the true owner could evict you

[Mudlark]

Thank you DESB,
But am I right in thinking that Only the true owner( with paper title) can evict me? But in the meantime I have the legal right to exclude all others, including the EA as HMLR has informed me that as I'm in possession of the land excluding all others, I am excersung freehold rights over this land.
Thankyou again DESB

Mudlark

[des8]

Basically I would agree with you.

You not only have the right, but most have the intent, to exclude everyone (including the rightful owner) (Lambeth LBC v Blackburn [2001] EWCA Civ 912).

You might also like to peruse the attached judgment https://publications.parliament.uk/p...4/graham-2.htm

[Mudlark]

Dear DES8,
Thank you for your very valued opinion,.
This case has been on BBC programme inside out, there are 4 groups very opposed to me possessing the land and putting up signs etc. These groups have tried extensively to find an owner for this land, so have I, but to no avail.
I'm fairly sure that no true owner will come forward.
My neighbour has been on his land for 10yrs and 6 Mt's and is in the same position as I am
The os surveyors were sent by HMLR and recorded our possession of the land in Nov 2018.
Thank ypu again
Mudlark

[Mudlark]

Hi folks, I wonder if you can please help me.
Concerning the land I mentioned above, I now have two
Important questions.
First Q
My CT1 application was rejected by HMLR on the following grounds
It is HMLR practice to refuse such applications based on adverse possession for any period. This is because when a squatter goes into to adverse possession of land he acquires a freehold estate immediately even though the true owners estate has not yet been extinguished. Section 15(3) of the land registration act 2002 therefore prevents a caution application.
Q Do I now acquire riparian owners rights and responsibilities?

Q 2
Would riperian rights give me the right to Moor a boat to this Land on the river Thames?

Your comments/help would be very much appeciated
Best regards
Mudlark

[des8]

IMO yes to both questions but do look hard at your responsibilities and as this is the Thames I would suggest at least you obtain a copy of the Environment Agency booklet entitled 'Living on the Edge - A Guide to the Rights and Responsibilities of a Riverside Owner' which can be obtained from any EA office or by calling them on 0118 953 5000.

[Mudlark]

Good morning Des8,
That's very good news and thank you very much.
Can i just clarify that as a riparian owner I have a right to Moor my boat to this land?

To live on that boat would require me to seek planning permission, which I have applied for.
If the PINs refuse residential planning do I still retain the right to Moor here as a leisure mooring?
Thank you again Des8
Mudlark

[des8]

You can moor a leisure craft at the end of a riverside garden as long as it is associated with a single residential property.
I don't see why refusal of PP for residential use would remove that right.
However that right does not apply on all waterways, & there may be constraints depending on the precise location.
Obviously you should not cause an obstruction
So you will need to check locally

[Tintin12]

Hi, just came here to also say, you must take note of DES8 and read this: 'Living on the Edge - A Guide to the Rights and Responsibilities of a Riverside Owner' . It is very useful. My husband has a little boat at the bottom of our garden.

[Mudlark]

Thank you both for your advice, I have read Living on the Edge with interest and found it very informative.
I have not got a residential property on this land.
Its on the River Thames, I'm not obstructing Navagation in any way as both banks of the river are lined with boats.
As the EA own the riverbed and I'm in possession of the riverbank land, can the EA remove me as a trespasser?
They have issued s58 to many boats here over the years
but have never enforced them. I am a friend of the person that used to manage all the EA moorings on the non tidal Thames and he firmly believes that if the EA do not own the riverside land that they cannot issue a notice to move.
May I please ask you if this is correct?
Best regards
Mudlark

[des8]

I regret I cannot give you a definitive answer to your question, but it does seem that your friends advice is at least logical

[Mudlark]

Thank you Des8, you have been most helpful and I very much appreciate your good advice and solid reasoning
Mudlark .