New neighbours don’t accept previous neighbour agreement

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    #16
    Does that mean that the rights of squatters don’t qualify as an overriding interest under LRA 2002?

    or do they only qualify once the land has been “squatted” for 10+ years?

    Comment


      #17
      If there is an unregistered interest then there has to be unregistered land, which has the benefit of such an interest.
      That is not the case in the situation you are posting about, since you have stated that both properties are now registered.

      A squatter occupying unregistered land when there is a disposal of that land that triggers first registration may have an unregistered overriding interest, as long as a period of over 12 years adverse possession has been established prior to the date of first registration.

      That is when a person in actual occupation can claim an overriding interest.

      Comment


        #18
        Ok. So either I have failed to set out the full facts on this thread, or my solicitor is not giving me correct advice.

        Would someone please be kind to write me something to send to my solicitor?
        I don’t want to be rude, but need him to understand the facts.

        Comment


          #19
          I try and offer sensible advice on Landlordzone and on Garden Law, but until today I had failed to see the posting made by Farmerfam on that other site, which resulted in everyone who responded telling him he had no right to claim ownership of the land he was posting about. Yet this was the last post he made on that site.



          Unread post by Farmerfam » Thu May 13, 2021 12:24 am

          Thank you for your help everyone.

          Would someone please be kind to write me something to send to my solicitor?
          I don’t want to be rude, but need him to understand the facts.
          You all have me concerned that we are paying legal bills for no reason and he is leaving us liable

          Comment


            #20
            Originally posted by Farmerfam View Post
            Ok. So either I have failed to set out the full facts on this thread, or my solicitor is not giving me correct advice.

            Would someone please be kind to write me something to send to my solicitor?
            I don’t want to be rude, but need him to understand the facts.
            Hopefully something along these lines should suffice.

            Dear Mr. Solicitor.

            As you are aware, I am very frustrated and disappointed that my neighbour is trying to take back their own property. Although it has become very clear that the person I had a verbal agreement with, had no actual authority to give me the land, I still consider myself entitled to take it and would like to pursue the owners through every court in the land to ensure a positive outcome for myself.

            Currently, you are advising one course of action. Having scoured the internet and a prestigious landlord forum, it is slowly dawning on me that the actions you have suggested will not get me 'my land'. Some have even hinted that I in fact have no legal claim, to which I very strongly refute. I believe squatters rights should prevail in this instance, however, should you consider the erection of a tent within the enclosed parcel of land beneficial, then I am prepared to purchase a small 2 man tent, on condition that we also pursue the neighbours to reimburse this cost.

            Obviously, I am guided by your legal expertise and appreciate that this does come at a cost. The defendant will also be seeking legal advise to represent them in these extraordinary circumstances. A cost I am prepared to pay in full to both parties should my blatant attempt actually prove futile. Indeed, if there is actually a method in which we can increase cost for both sides, then I will be more than receptive to such a suggestion.

            Please contact me as a matter of urgency.

            many thanks

            FarmerFam.


            Hopefully it shouldn't come across to the solicitor as 'rude' and you questioning his methods, but I think this should give them a better understanding of the facts.

            Comment


              #21
              Outstanding letter.

              Comment

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