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Adverse Possession

Discussion in 'Home and Garden' started by Hyper, Feb 3, 2019.

  1. Hyper

    Mobster

    Joined: Jul 2, 2005

    Posts: 3,529

    Location: Newcastle

    Hi,

    Just after a bit of advice as we find ourselves in a very tricky situation regarding our house sale and the title plan. As we reach the point of completion our buyers solicitor has pointed out the title plan does not match the land at the rear of the property. This is something we were not aware of when purchasing the property 6 years ago and it turns out the section of land in question was required for access to the rear of the property.

    See below an outline of the current title plans between myself (22) and each neighbour;

    [​IMG]

    Now see below the actual boundaries in place;

    [​IMG]

    When I purchased the property there was an outbuilding with steps down the side which were required for access to the property, highlighted below;

    [​IMG]

    Its this section of land which is causing the problem as it is not reflected in my title plan.

    Our buyers will not proceed until this is rectified but after several discussions with our neighbours and an offer to cover all legal costs and compensation of £1000 they are still unwilling to cooperate.

    They have been to see a solicitor who has told them to do nothing so we are faced with having to pursue an adverse possession claim with the land registry.

    Just wondered if you guys have any advice or experience regarding this before we start proceedings.

    Thanks, Sam.
     
  2. wonko

    Wise Guy

    Joined: Jul 21, 2008

    Posts: 1,357

    Location: Outside the asylum

    Have you asked your solicitor if an indemnity insurance policy could be taken out to cover this?
     
  3. Hyper

    Mobster

    Joined: Jul 2, 2005

    Posts: 3,529

    Location: Newcastle

    Yes this is something that was offered to our buyers but they refused and said they want the matter resolved.
     
  4. ~Divine~Wind~

    Underboss

    Joined: Jun 14, 2004

    Posts: 15,767

    Location: Newcastle U/T

    What happened tot he outbuilding and steps?
     
  5. Hyper

    Mobster

    Joined: Jul 2, 2005

    Posts: 3,529

    Location: Newcastle

    It was knocked down a few years after I purchased the property to create a driveway but is still documented from street view in 2009.

    The original boundary wall still stands.
     
  6. ~Divine~Wind~

    Underboss

    Joined: Jun 14, 2004

    Posts: 15,767

    Location: Newcastle U/T

    So your wall is still in place? If so what are they adversely posessing if they aren't using the land?

    surely with the historic photos, and the lay of the land at the moment (ie you using it)
    Can land reg be notified that it's slightly off and needs to be adjusted?

    Looks like 21 might have issues with 20 too tho
     
  7. Hyper

    Mobster

    Joined: Jul 2, 2005

    Posts: 3,529

    Location: Newcastle

    Thats our neighbours issue because the boundary between themselves and number 20 isn't correct either on their plans so they just don't want to know.

    I was under the impression because the land was registered to my neighbour I would have to pursue adverse possession for the plans to be adjusted.
     
  8. wonko

    Wise Guy

    Joined: Jul 21, 2008

    Posts: 1,357

    Location: Outside the asylum

    It might be worth a discussion with land registry; if the plans have always been wrong then they may have a way to correct them without going through the adverse possession process.
     
  9. Hyper

    Mobster

    Joined: Jul 2, 2005

    Posts: 3,529

    Location: Newcastle

    Looking at the original deeds from the coal board when the house was purchased from them in 1973 they are so small and unclear. Its no wonder mistakes have been made but I doubt the LR will take the blame.

    Any updates will follow.
     
  10. mjd

    Wise Guy

    Joined: Oct 21, 2002

    Posts: 1,064

    Location: Llanelli, S.Wales

    Is the buyers solicitor basing their advice solely On the title plan? Title plans fall under the 'general boundaries' rule and can't really be used to accurately map the actual boundaries. The scale makes it near impossible to accurately map what's actually on the ground. If the buyers are insistent, then they will need to be prepared for a long wait for it to be resolved. It could be a challenge to get the LR to accept there is an issue at all, and will probably involve hiring a surveyor yourself in the first instance.
    I tried some years ago and apart from making a sizeable dent in my bank balance got absolutely nowhere.
    This sort of nonsense is just a big money spinner for solicitors and surveyors
    If your neighbours won't play ball then personally I would pull out of the sale. Your neighbours could oppose your claim for posession and it will just get totally out of hand.

    Hopefully the next buyer won't have the same solicitor ;)
     
    Last edited: Feb 5, 2019
  11. Slam62

    Soldato

    Joined: Jan 3, 2006

    Posts: 7,193

    Location: Monaco

    I thought if it had been used that way for long enough 10 years? Then that was it, could be wrong though.
     
  12. mjd

    Wise Guy

    Joined: Oct 21, 2002

    Posts: 1,064

    Location: Llanelli, S.Wales

  13. SeatIbiza

    Hitman

    Joined: Jan 21, 2008

    Posts: 898

    Location: Cotswolds

    Adverse possession is something I know quite a bit about. The Land Registration Act 2002 changed the process post 1991 - "the new rules" so to speak which made it much harder to possess. The general boundaries rules mentioned above isn't quite correct - those rules apply to the accuracy of the lines created by the OS, in this instance, the kine isn't anything like he plan shows so this isn't a case of a boundary error i.e. it being +/- 1m on the ground.

    IF you can prove 12 years prior to 2003 i.e. realistically 1990ish, then the old rules are much easier to gain AP and likely, with the right evidence they will grant the land; the right evidence is photos, bills for maintenance of such, fencing in etc. If you have to go under the new rules, it is almost impossible to obtain AP. That being said, the test that you might actually be able to satisfy is that you thought (with good reason as the ground is laid out that way) that it was part of your property. The only issue is that you've offered to buy the land which means you've acquiesced to the fact you might not own it...

    Happy to look at this further for you; I've got full LR access and basically live with title plans every day!
     
  14. coolsurfer

    Hitman

    Joined: Apr 11, 2006

    Posts: 712

    Location: Yorkshire

    Bookmarked.
     
  15. JC

    Soldato

    Joined: Dec 10, 2003

    Posts: 5,760

    Location: Surrey

    The original post says nearing completion, or did you mean exchange? If you have already exchanged contracts then your solicitor should be advising that either the seller or the buyer is legally on the hook. So you might want to check if its something you can escape from or not.