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adverse possession
I have been in adverse possession of a small parcel of land for 13 years and have recently applied for title. An objector to the application, who has absolutely no documentation to the land and declared in writing non ownership 10 years ago, now states that they own it and have threaten to erect extra fencing and evict me. Can they do this? The land is already fenced by myself and been under lock and key for 14 years
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No they cannot do this, but as Norman and auzzie say get legal representation regarding it. It might be possible to involve the local police as well if this person is harassing you, as clearly you have occupation at this point, and it'll take a small war to get you removed legally.
I'm imagining that you enquired a few years ago about the land and this person said "It's not mine" so I seriously doubt if that'll be given much kudos even with the awkward changes in the last few years. I've claimed and am currently claiming a few things under adverse possesion and usually if you've been there long enough it's yours, but go to a solicitor and get it sorted.Good luck.
I'm imagining that you enquired a few years ago about the land and this person said "It's not mine" so I seriously doubt if that'll be given much kudos even with the awkward changes in the last few years. I've claimed and am currently claiming a few things under adverse possesion and usually if you've been there long enough it's yours, but go to a solicitor and get it sorted.Good luck.
This is more for practioners but you could have a look at this...http://www.landregistry.gov.uk/assets/library/ documents/lrpg005.pdf.
If you're not sure of anything let me know and I'll try and help
Watch costs if there is a conflict as it can get very expensive especially if things go to adjudication. At the risk of extra cost an experienced solicitor can provide useful experience and knowledge in assisting these cases and even in negotiation.
Hopefully the objection is groundless but it seems there may be an issue if you have been given notice of it (or did you find out through normal enquiries?).
The Land Registry are fantastic for advice and even as a practitioner I use them frequently for advice.
In the case of a land dispute then you could have a chat with the local police for their advice as to what you should do and how they can help if there are any problems and he tries to evict you.
You could also speak to a lawyer about possibilities of stopping him pending resolution. Some will suggest a letter threatening injunctive proceedings hoping this will stall them but make sure you're aware of any possible circumstances of anything done.
Good Luck!
If you're not sure of anything let me know and I'll try and help
Watch costs if there is a conflict as it can get very expensive especially if things go to adjudication. At the risk of extra cost an experienced solicitor can provide useful experience and knowledge in assisting these cases and even in negotiation.
Hopefully the objection is groundless but it seems there may be an issue if you have been given notice of it (or did you find out through normal enquiries?).
The Land Registry are fantastic for advice and even as a practitioner I use them frequently for advice.
In the case of a land dispute then you could have a chat with the local police for their advice as to what you should do and how they can help if there are any problems and he tries to evict you.
You could also speak to a lawyer about possibilities of stopping him pending resolution. Some will suggest a letter threatening injunctive proceedings hoping this will stall them but make sure you're aware of any possible circumstances of anything done.
Good Luck!
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