Adverse Possesion vs Injunction

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    Adverse Possesion vs Injunction

    Hi if you would anyone happen to know the answer to this puzzle. I own a house and part of the land within the property is not registered with LR. I only discovered this recently and all the other owners where not aware of this. I have now have an expert investigate the matter whos provided ariel photos and OS Maps proof that the land has always been within my property possesion since the 1940s. However someone else has just registered the unregistered land and claimed title of the land area within that part of my property and they raised an injunction order against me to get off the land and they forcefully took my fences down and put theirs up in what they say is the legal boundary position as per the LR plan. Said I must move my items of what they say is their land. The Previous owner of my house has also written stat dec in my favour and this does cover over 12yrs. Can I still claim adverse possesion through LR and can I move their fences if they have injunction? Or do I need to take them to court? As the property was purchased in good faith just like all the other owners who paid the market value for it which included this bit of land within it. So in a really dreadful situation here ...
    Any ideas will be really appreciated.
    Thanks MyLittleCat

    #2
    Adverse possession is loosely described as a shield (reactive: defence to litigation) and a sword (pro-active: stepping stone to registration).

    Why did you not use the Adverse possession rights as a defence to the Injunction proceedings?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Hi, Was not represented by anyone due to funds and did not know to do this.

      Comment


        #4
        But feel now I should some how try to defend with a professional in the business.

        Comment


          #5
          You will need to start proceedings, then, to have the Injunction lifted by relying on Adverse Possession. An Injunction merely freezes everything; it is not a conclusive remedy. Only if you're successful can you try to apply for registration at HMLR.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Also at this point I had not hired an Expert to investigate the photo / maps and have learnt that unless your an expert then I now feel the courts dont seem to take much notice of joe blogs.

            Comment


              #7
              Since a Court can entertain only what the parties submit to it, your unsubmitted argument (expert or not) counts for nothing.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


                #8
                Thats interesting so you mean an injuncntion just freezes everything and If I start proceedings the freeze would need to lifted to then claim adverse possession. Is this a judical review that I would need to do?

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                  #9
                  I see and as no historical expert evidence was shown then it cant be proved. As all that was shown was deeds and legal boundary as per LR have on file.

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                    #10
                    Is it a Judical review that needs to be done?

                    Comment


                      #11
                      I don't know; I recommend you to consult a litigation expert (which I'm not).
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                        #12
                        So I must try to litigation expert for this type of case.

                        Comment


                          #13
                          I have an expert witness for the mapping and photo's research

                          Comment


                            #14
                            Thank you for sharing your knowledge it has been very helpful.

                            Comment


                              #15
                              how did you acquire the land?

                              there must have been some sort of a transfer, all those years ago, with a plan. That is what you need to find.

                              How much land are you losing as a result of the third party's registration of it at HMLR; and what is its value? One needs a sense of proportion as to how much it is worth to gauge how much prospectively its worth spending to try and get it back.

                              The other party must have had something singularly persuasive in order that HMLR registered the land in their favour..........

                              It costs nothing to ring up HMLR and speak to them about the (comparatively recent) first registration. Might give you some clues. Perhaps the other party would be willing to disclose the root of their alleged title. Maybe they do have something!

                              Comment

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