Occupancy of Land

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Hi,

I have a bit of an issue regarding the land which my grandmother is using.

Background.
For 35 years my grandmother has lived at the same address, about 30 years ago a garage was built.
Her driveway was not big enough to get a car up it and open the door, so her neighbours at the time gave her the use of their land. These neighbours moved about 8 years ago and new neighbours did not say anything she continued to use it.

Last week the neighbour said he was moving her fence and reclaiming the land. Does she have any right to this land. I am aware that he has cannot damage the fence if he was to remove it. I've attached a picture to show the area in question. I don't think the deeds say anything regarding this.

Many thanks
 

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She cannot.
She was permitted to use the land by the original owner and the next.
What you are suggesting is dishonest and immoral
 
What your grandma needs to do, and quickly, is apply for ownership of the land. Read up on 'adverse possession'.

The neighbour will be contacted once this is applied for, but if your grandma can prove unrestricted use over that amount of time, it will be proven that she has better claim to the land and it can then be integrated to her existing land. The fact that she has fenced it off is good and will help.

In the meantime she will need to act to prevent the fence being moved. It may require an injunction, or she may just be able to say "Don't touch my
my fence or I will call the police", but research this.

Perhaps the home insurer can help with advice or legal assistance.
 
Btw, best not say that the previous neighbours "gave use of the land", (which implies a limited and revocable licence) but rather "gave the land" (which implies an irrevocable transfer of ownership).
 
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'adverse possession'

Perhaps you are not up to date.

"The Land Registration Act 2002 has created a new regime that applies only to registered land. This new regime is set out in Schedule 6 to the Act. It makes it more likely that a registered proprietor will be able to prevent an application for adverse possession of their land being completed. The following paragraphs provide a brief overview of the new regime; the remaining sections of this guide discuss it in more detail.

  • adverse possession of registered land for 12 years of itself will no longer affect the registered proprietor’s title
  • after 10 years’ adverse possession, the squatter will be entitled to apply to be registered as proprietor in place of the registered proprietor of the land
  • on such an application being made the registered proprietor (and certain other persons interested in the land) will be notified and given the opportunity to oppose the application"
https://www.gov.uk/government/publi...guide-4-adverse-possession-of-registered-land
 
Thanks all for your time and effort.

I been advised that before she moved the this land was actually used by the previous owner of the house and the neighbour gave then access due to a new garage being built.

Looking at the adverse possesion statement would that imply that the owner would just object the application and have it dismissed?
 
Perhaps you are not up to date.

"The Land Registration Act 2002 has created a new regime that applies only to registered land. This new regime is set out in Schedule 6 to the Act. It makes it more likely that a registered proprietor will be able to prevent an application for adverse possession of their land being completed. The following paragraphs provide a brief overview of the new regime; the remaining sections of this guide discuss it in more detail.

  • adverse possession of registered land for 12 years of itself will no longer affect the registered proprietor’s title
  • after 10 years’ adverse possession, the squatter will be entitled to apply to be registered as proprietor in place of the registered proprietor of the land
  • on such an application being made the registered proprietor (and certain other persons interested in the land) will be notified and given the opportunity to oppose the application"
https://www.gov.uk/government/publi...guide-4-adverse-possession-of-registered-land
I am up to date thanks.
 
Looking at the adverse possesion statement would that imply that the owner would just object the application and have it dismissed
No.

Previously, the possessor could automatically gain title after 12 years continuous use.

Now, they have certain things to prove to support their claim, and yes the registered owner is notified and given the opportunity to object, but the objection needs to be more than "I object". As I mentioned, the possessor having fenced the land off is a strong thing to disprove that they intended to possess the land, and is something an owner would be expected to object to much earlier if not in agreement.
 
Adverse possession only occurs if the land has been occupied without the owner's permission. If permission was given, permission can be revoked.
 
Back in the 80's an estate was built , somehow the builders cocked up and trapped themselves a area of land behind a block of garages. Instead of a canny owner fencing off/using the plot @ the rear of their house - they all did now't - later the builders bought a couple of garages and got access. All before 2002. In the same town people backing onto a disused railway gained some garden up to the track bed. They got it because BR wasn't bothered and eventually the council made the track a cyclepath and couldn't take any land back;) @ the bottom of my garden is a patch fronting the road - 3 bungalows there. The first owner (1963)could have posessed some of it because it was originaly a scrap of rail land that was bought by the tracks because it was useless to the farmer, back in 1890something. It was like the Wild West in this Sussex town.
 
The key word in "adverse possession" is adverse, here it was done with permission.

You need to speak to a lawyer.

Blup
 
What your grandma needs to do, and quickly, is apply for ownership of the land. Read up on 'adverse possession'.

Adverse possession would fail here because there was consent given to use the land by the original owners and it's only been 8 years since the property changed ownership.

The leading case on consent and adverse possession is J A Pye (Oxford) Ltd v Graham [2002] UKHL 30, in which Lord Browne-Wilkinson stated:

It is clearly established that the taking or continuation of possession by a squatter with the actual consent of the paper title owner does not constitute dispossession or possession by the squatter for the purposes of the Act. Beyond that, as Slade J said, the words possess and dispossess are to be given their ordinary meaning. - https://www.bailii.org/uk/cases/UKHL/2002/30.html

Under the new regime for adverse possession, it's unlikely that the clock starts when the property changed ownership 8 years ago. The key point is to be able to prove both factual possession and intention to possess. The latter will only start from the point when the owners wanted to move the fence.
 
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For adverse possession to apply, the legal owner(s) need to have not noticed another person has claimed the land, made full use of it as their own, yet the legal owner has not noticed, or not cared enough to complain. Permission being given means the legal owners were aware and willing to grant permission, but could reclaim it at any time.

I would suggest the OP's best way forward is to ask if the land can be bought, or some paid arrangement be made to share the land.
 
Take possession then tell them to get their eaves and guttering off your land!
 

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