Possessionary title question

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    Possessionary title question

    Can I ask the forum for some assistance/ clarification.

    My wife and I moored our boat to a plot of lunregisrered and unclaimed land,
    The Environment Agency then attempted to claim the land through adverse possession.
    The EA lodged 2 statements of truth with the Land Registry stating that they were in adverse possession for over 20yrs.
    We objected to their claim to title and they withdraw their claim
    Can we now inherit their adverse possession time which would qualify us to apply for possessionary title?

    #2
    Originally posted by pauliedeo@yahoo.com View Post
    Can we now inherit their adverse possession time which would qualify us to apply for possessionary title?
    If the EA were in adverse possession and you are now in adverse possession, then, if there was no break between the EA's adverse possession and your adverse possession, there are two possibilities. (The following assumes that the limitation period is 12 years.)

    The first is that the EA transferred to you their interest in the land. If they did, the period of the EA's possession and the period of your possession are added together and 12 years from the date the EA went into adverse possession the "true" owner's title is extinguished; the sole remaining title is yours enabling you to apply for first registration.

    The second is that the EA were in adverse possession and that you went into adverse posession ousting the EA. In that case, 12 years from the date the EA went into adverse possession the "true" owner's title is extinguished. However, the EA's title is not extinguished because time only starts to run against it from the date it went into adverse posession. Accordingly, you cannot apply for first registration until 12 years has expired from the date the EA went into adverse possession.

    If there was a break between the EA's period of adverse possession and your period of adverse possession the two periods cannot be added together. You will need to have been in adverse possession for 12 years before you can apply for first registration.

    On what basis did you object to the EA's application?

    Comment


      #3
      Many thanks for your detailed reply it certainly has given us cause to think. In answer to your question. The environment agency originally claimed adverse possession for about a mile of river bank. Approximately 40 people objected on the grounds the environment agency had not been maintaining the land and that the land was being used by the objectors. The environment agency subsequently withdrew their application without the desire to go to tribunal or explanation.

      Comment


        #4
        Originally posted by pauliedeo View Post
        Many thanks for your detailed reply it certainly has given us cause to think. In answer to your question. The environment agency originally claimed adverse possession for about a mile of river bank. Approximately 40 people objected on the grounds the environment agency had not been maintaining the land and that the land was being used by the objectors. The environment agency subsequently withdrew their application without the desire to go to tribunal or explanation.
        That does rather rule out arguing that your are continuing the EA's adverse possession.

        Comment


          #5
          Approximately 40 people objected on the grounds the environment agency had not been maintaining the land and that the land was being used by the objectors.
          From that quote it seems unlikely that anyone has been in adverse possession for a period in excess of 12 years unless any of those 40 people can prove they were.

          When an application is made to Land Registry for first registration of land as a Possessory Title, there would need to be statements of truth that were provided as the evidence to prove that the land had been occupied exclusively with the intention to possess the land by excluding all others including the legal owner for the required 12 years period.

          Over a mile long stretch of land next to a river it ought to be possible to claim adverse possession if a boat had been moored in the same spot on the river for over 12 years.

          There is case law whereby someone claimed such a right even though the river was tidal and the boat sometimes floated and sometimes rested on the river bed.
          Port of London Authority v Ashmore [2010] EWCA Civ 30 (04 February 2010)

          Every application to be registered will be based on the facts, but an intention to possess and exclusive possession both need to be proven.

          Comment


            #6
            Thank you for such a detailed response, the case law was very in-depth and highly relevant.
            The exclusivity of the land I hope isn't an issue in this case as the land was over grown to an textent that access for others was infeasible. Would the two statements of truth from the environment agency and their withdrawal from their application without explanation. Is there any risk associated with my wife and I making an application to HMLR for a decision to be made of the merits of the case.

            Comment


              #7
              Your case will be considered on its own merits.

              Comment

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