ChatterBank63 mins ago
possessary title owner v deed owner of land
3 Answers
I claimed a parcel of land by adverse possession 5 years ago, the true owner has come forward with a deed showing ownership of this land.
what does he need to do to claim the land back?
what can i do to keep the land?
do all parties need to deal with land registry only to resolve or is it a legal matter via civil courts?
any advice appreciated
what does he need to do to claim the land back?
what can i do to keep the land?
do all parties need to deal with land registry only to resolve or is it a legal matter via civil courts?
any advice appreciated
Answers
Best Answer
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For more on marking an answer as the "Best Answer", please visit our FAQ.He applies to the Land Registry to remove the trecord of your having title. Assuming that the Land Registry doesn't think the entry made by mistake then, in the absence of agreement, the case goes before a tribunal of the Land Registry. I'm involved in one personally at the moment, where someone is claiming that the Land Registry should show them as owner by virtue of their adverse possession of over twenty years. The land is shown as mine on the Land Registry record of title.The procedure is such that it's possible for the matter to be decided on written submissions from both sides. I don't see that the procedure and practice would be different in a case where you are recorded as having title by virtue of adverse possession.
I've a feeling that claims for adverse possession are recorded by the Land Registry without strict legal proof of it. In that event it should be fairly easy for the original owner to recover the land, because it's quite difficult to establish adverse possession sufficient to give title.
I've a feeling that claims for adverse possession are recorded by the Land Registry without strict legal proof of it. In that event it should be fairly easy for the original owner to recover the land, because it's quite difficult to establish adverse possession sufficient to give title.
does the fact that the boundary fence erected by neighbour has been in the same position for 30 years, in this time no one has challenged my usage of the land until now.
would i need to prove anything to land registry to keep the land, or because i already done that at time i registered adverse possesion ie statutory declarations, third party witness statements etc, i need do nothing?
would i need to prove anything to land registry to keep the land, or because i already done that at time i registered adverse possesion ie statutory declarations, third party witness statements etc, i need do nothing?
Position of fence is not relevant.
Presumably the LR only gave you limited title - not absolute title?
You don't need to do anything until/unless the LR write to you stating they are making enquiries into the ownership of the title - then you are going to have to defend the position by written statement so that the process that Fred describes above can go ahead.
It is a Land Tribunal matter - which is similar in function to a civil court in deciding on ownership of land issues.
Doing nothing when invited to by LR may result in loss of the land title you have. Unless you are experienced in these matters, you may have to employ a solicitor to defnd your position - which may be worthwhile since you have acquired the land so far for nought.
Presumably the LR only gave you limited title - not absolute title?
You don't need to do anything until/unless the LR write to you stating they are making enquiries into the ownership of the title - then you are going to have to defend the position by written statement so that the process that Fred describes above can go ahead.
It is a Land Tribunal matter - which is similar in function to a civil court in deciding on ownership of land issues.
Doing nothing when invited to by LR may result in loss of the land title you have. Unless you are experienced in these matters, you may have to employ a solicitor to defnd your position - which may be worthwhile since you have acquired the land so far for nought.
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