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  • Adverse possession
    michael8626
    Hi

    If somebody was occupying land in adverse possession for a period of say 2005 to 2015 but never made a claim and then the land owner used the land for some time in 2016, then the original person in AP occupied from 2017 to date could they still claim AP with the Land Registry?
    ...
    11-10-2019, 13:38 PM
  • Reply to Adverse possession
    Jon66
    There are transitional rules, it's in a practice direction. The dates are v important. Just google it....
    14-10-2019, 02:02 AM
  • Reply to Adverse possession
    michael8626
    Also Jon, I think I might have my dates wrong and this relates to just before this act was passed, so I might be under the old AP rules, did they differ much under the new system?...
    13-10-2019, 23:20 PM
  • Reply to Adverse possession
    michael8626
    That’s great Jon, thanks. I will have a read. Am I right in thinking the law changed regarding AP around 2002/2003 or was that just for unregistered land?...
    13-10-2019, 23:12 PM
  • Reply to Adverse possession
    Jon66
    Perhaps your solicitor should respond to the other side drawing their attention to the additional requirements the applicant will have to fulfil under the LRA 2002 Schedule 6 paragraph 5, because any application under para 1 will be vigorously defended as neither do they fulfil that criteria either....
    13-10-2019, 21:40 PM
  • Reply to Adverse possession
    michael8626
    Yes, I think that’s where we are at. Bring the situation to a head or hopefully to a close....
    13-10-2019, 21:22 PM
  • Reply to Adverse possession
    Jon66
    Read in full the land registry practice notes on adverse possession of registered land post 2002, and pay particular attention to point 7, which is a good starting point. You might find a direct access barrister of more use, Liz England or Rowena George are two good ones, or instruct your solicitor...
    13-10-2019, 20:58 PM
  • Reply to Adverse possession
    michael8626
    Thank you for all the replies. I have employed a solicitor as this originated from a land dispute. It just seems difficult to get a definitive answer. We just seem to keep writing letters ‘referring to comments from my previous letter’ and going round in circles. The only winners at present are...
    13-10-2019, 12:00 PM
  • Reply to Adverse possession
    jpkeates
    I agree that you need an expert, but there's a substantial difference between 10 years non-contiguous year's of possession and 10 years with a gap during which the actual owner had possession. The owner's possession would seem to end the previous period of adverse possession and a new period begins...
    13-10-2019, 09:13 AM
  • Reply to Adverse possession
    nukecad
    I wouldn't think so.

    AFAIK they servre the AP, you contest it as the legal owner who has used the land and that's it.
    You are still the legal owner, you still have an interest in using the land, a trespasser can't just claim it now, although they might have been able to earlier...
    12-10-2019, 19:23 PM
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