Claiming Adverse Possession: Disused electricity substation - Advice Needed Please

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #16
    Hi, I am in a similar situation, except I have had the property for over 14 years, all of which the designated land for the intended substation (this was never built, even though there are 11kv cables under the concrete slab where it was intended to be built), has been incorporated into the perimeter of my property.
    I now have the deed title info and plan from the land registry, which shows the correct piece of land and this is owned by an electricity body, for a stated 80 years. This was from the construction firm who purchased the land to build a housing estate.
    I am not certain why the substation was never built, but I know there are two 11kv cables under the ground. These do not detect as live, but sometimes hv cables which are live, are difficult to detect, due to them been screened and heavily insulated.
    I am hoping to claim this land, as I would like to build a garage within this area. I firstly would like to know what the chances are of claiming the deed to this land, as it has had no access for any maintenance in the last 14 years by the owner and I have actually maintained it myself and also, if I was to be successful in claiming the land as my own, I would ensure the cables are accessible in the future, should they require any preventative maintenance/ repairs.

    Any help with this matter would be much appreciated.

    Comment


      #17
      When did the 80 years start?

      Comment


        #18
        Surely your first step is to contact the electricity distributor?

        Whatever you (can) do the cables, live or not, are their property/responsibility so they will have to be involved at some stage.

        Comment


          #19
          I now have the deed title info and plan from the land registry, which shows the correct piece of land and this is owned by an electricity body, for a stated 80 years. This was from the construction firm who purchased the land to build a housing estate.
          It seems that an 80 year lease was granted to the Electricity company by the development company, which may be the registered proprietor of the freehold title, while the electricity company has a leasehold title.

          If that was the situation you can only claim to be in possession against the leaseholder, so that you could remain in possession for the remaining term of the lease.

          After the term of the lease expires, then the freeholder can start legal proceedings to evict you if it can be bothered to reclaim this parcel of land that it has had no use of since it granted a lease.

          Time would start running against the freeholder once the term of the lease has passed, so depending on whether the land is registered or unregistered the period of adverse possession will need to be for at least 10 years after the lease expires.

          Comment


            #20
            Originally posted by Paul1976 View Post
            I am not certain why the substation was never built, but I know there are two 11kv cables under the ground. These do not detect as live, but sometimes hv cables which are live, are difficult to detect, due to them been screened and heavily insulated.
            What experience do you have of tracing cables? Be very careful if you think you know where they are…
            im speaking as someone who owns a surveying company who map buried utilities…

            Comment


              #21
              Originally posted by pilman View Post
              It seems that an 80 year lease was granted to the Electricity company by the development company, which may be the registered proprietor of the freehold title, while the electricity company has a leasehold title.

              If that was the situation you can only claim to be in possession against the leaseholder, so that you could remain in possession for the remaining term of the lease.

              After the term of the lease expires, then the freeholder can start legal proceedings to evict you if it can be bothered to reclaim this parcel of land that it has had no use of since it granted a lease.

              Time would start running against the freeholder once the term of the lease has passed, so depending on whether the land is registered or unregistered the period of adverse possession will need to be for at least 10 years after the lease expires.
              I agree with the above.

              Comment

              Latest Activity

              Collapse

              Working...
              X