Field problem

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    Field problem

    We have a semi rural house which is part of a Hamlet once all owned by my wife’s Nanna and Grandad.
    My wife had used part of this land for 25 years (Her brother had it for 15 years previous to her) to house her animals with a verbal agreement that she could use it until she gave up keeping her animals and this verbal agreement has lasted for 2 generations and now the 3rd generation has inherited the land and want to sell it-we have offered to buy it but they want it to go with the house (which is next door to ours).
    We wondered if there is anything we can do?
    We have fenced and maintained the land the whole time and no rental money has been paid.

    #2
    As permission was given for the use, an adverse possession claim would be ruled out.

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      #3
      Only a thought, but could you possibly stretch - perhaps with help from other family members? - to buying the house next door AND the field? Then you could resell the house, but keep the field.

      Only thing, the price 'might' go up....there is the element of a 'marriage value' in the house/field for you, as in it is worth more to you, personally, than it would be to 'anyone else'.

      You might want to get a valuation from an estate agent as to how much the neighbour's house on its own (without the field that you keep) would be worth, as this will affect whether you come out a loss or break even etc. Is there any value you could add to the house relatively cost-effectively, so you could flip it??

      Also, maybe you might want to check whether the vendor is hoping that PP could be granted for the field, which would put up its value - and be far more of a problem to you, were it to be owned by someone else who then builds on it, detracting from he amenity of your own house?

      On the other hand, yet again, there is another post here on the site about a woman who is facing huge problems trying to get rid of her niece's horses on her field, and the niece won't cooperate, and has fenced off the field to deny access etc etc - all in all recovery of the field is proving not easy for the poster. You, with your animals on the field, might be in the niece's position, and actually getting rid of your animals could be problematic??

      If your animals are 'sitting tenants' effectively, then any controversy/non-cooperation from you might make it harder for the guy next door to see both house and field together? So you might have some 'leverage' in the matter.

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        #4
        Originally posted by Jon66 View Post
        As permission was given for the use, an adverse possession claim would be ruled out.
        Does permission have to be written or does verbal count?

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          #5
          Verbal permission counts.

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            #6
            I don't think there's anything you can do if you can't negotiate. The value lost from their house will be put onto yours if you bought it so the figures might stack up even if it appears you're paying too much for it. Think very carefully before you refuse to remove your livestock, it's very easy for someone to turn them into dead stock.

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              #7
              Originally posted by Jon66 View Post
              As permission was given for the use, an adverse possession claim would be ruled out.
              As a general proposition that is correct. However, what we have here is a situation where at the start the owner A gave permission to X and the current position is that the owner is B and the occupier Y. The question therefore arises whether the original permission lapsed on the first change (whether of ownership or occupation) and, if it did, whether any new permission was given or is deemed to have been given. What is needed therefore is an investigation of how ownership and occupation correlate, whether permission was renewed and whether the current occupier can demonstrate the necessary intention to possess.

              The full facts need to be laid before a lawyer with the necessary expertise who may recommend taking counsel's opinion. A possible way forward, unless the opinion sought is that the case is hopeless, is to submit an application to be registered as proprietor of the land in the hope that it will encourage the owner to negotiate.

              Comment


                #8
                You are in occupation. Presumably if they want to sell they would have to serve you with Notice To Quit. It sounds like that as no rent was ever paid, could you argue that you were given the land. Is the land registered with eth Land Registry. With a small plot of land you could join the Small Farmers Association and get free legal advice.

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