Adverse Possession - How to Get Land for Free
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- เผยแพร่เมื่อ 12 มิ.ย. 2024
- You can acquire land by adverse possession. This means you adversely possess the land from the paper owner. Most land in the UK is registered, but some remain unregistered. There are different rules if the land is registered than unregistered, and the dates are important. Join me for a whistle stop tour on adverse possession of land, whether registered or unregistered.
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References:
Buckinghamshire County Council v Moran [1990] Ch. 623
Hughes v Cook and Another: CA 14 Feb 1994
Powell v McFarlane (1977) 38 P & CR 452
Tecbild Ltd v. Chamberlain (1969) 20 P & CR 633
Hounslow Borough Council v Minchington (1997) 74 P&CR 221
J A Pye (Oxford) Ltd and Others v Graham [2002] UKHL 30
Hounslow Borough Council v Minchington: CA 1997
London Borough Of Lambeth v Blackburn [2001] EWCA Civ 668
Land registration act 2002
Land Registration Act 1925
Legal Aid, Sentencing and Punishment of Offenders Act 2012
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I'm a Barrister of England and Wales.
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This is very informative. Thanks.
When my parents bought their house around 1974-5, they bought it in the knowledge that a developer had acquired the rights to build an estate in place of the woods at the end of the garden. Between my parents' house and the neighbour is a slither of land about 10 feet wide that the developer owned which could have provided access to the estate. Instead, they built an 8 foot high brick wall across the end of the garden and across the end of the 10 foot strip of land. Thus making it unusable for access. The land had been neglected and had been used as a rubbish dump (though this had probably predated the developer's ownership). My dad sealed off the other end of the strip of land, cleared it out, and took down the fence separating the garden from the land (he had previously offered to buy the land from the developer, but had had no reply). He also offered to split the land with the neighbour, but the neighbour was happy for my parents to have the land in its entirety. That was all over 40 years ago and the land has been an integral part of the garden ever since (containing a wildlife pond, a gravelled area and flowerbeds etc). Access to the land is only possible through the back garden. I do not know whether the developer registered the land, but in any case, your video seems to indicate that my mum (my dad has passed away) has a convincing claim to the land.
You can check on the land registry if the developer actually owns the land or not for £3... its worth it.. it will also show the land boundary.
@@shazman15 Thanks. I had a feeling that not all land needed to be registered with the Land Registry at that time as it dates from a long time ago. Might be worth looking into though.
@@0cgw Yes if the history goes back many years it can be more difficult... I think the Land Registery digital records were maintained from 1993 onwards but still worth a stab, given its easy enough to check.
@@shazman15 I would only do this at a point you are ready to make claim as it will get flagged. To me its no difference to credit check companies once you make activity it becomes awake to others who will then action very quickly especially if they are holding lots of money.
I work for a utility company and see this all the time when big building companies purchase fields from farmers in order to build new housing estate,
On a lot of occasions when they turn up to start work they measure their site Boundary lines and discover people have done exactly this, the neighbours next door have extended their garden fences out to occupy more land to in effect land grab to make their property bigger.
Because the developers have legally purchased land that is legally registered the 1st thing they do is to rip the offending neighbours fence down and take possession of what is now registered to them.
There are also occasions when they turn up where there are sections/strips of land [who’s owners are not obvious at 1st] and you end up with ransom strips.
They build the new roads and housing estates only to discover later that someone owns a vital strip on a Boundary or in an awkward area, so in effect you cannot cross over that land to use the new roads to get to the new houses they have built.
We lost a small section of land to a neighbours this way. We allowed the neighbour use of the land to grow a vegetable garden, we were on good terms with them, until they LEGALLY STOLE our land! Please think of the rightful owners before acquiring land this way.
Exactly what happened to my sister in law and her neighbour was a barrister who took her land from her she now suffers anxiety etc and has not worked for 2 years her life living next door to this barrister is a nightmare existence.
@@kevinambrose7074 It's grossly unfair. The legal system is so corrupt. I hope your sister manages to get beyond this disgusting injustice.
@@danielfinch362 enjoyed that story
@@paulmcgrath3882 I moved out the end of November. There is a lot more to the story, like demanding rent in cash only, and harrasment, so I may have more, I've got video and audio and emails exposing harrassment. I have 6 years to take a case against them. They've already regretted messing with me. It cost them time and more money than if they'd just pay me to leave. I've been renting my whole life and never had a problem with a landlord until now. My new place is nice and quiet, landlord are putting a new fibreglass roof on soon weather permitting. It was stressful having a rogue landlord.
Do you still hold the title in your name? or does he? I doubt he "owns" it and is just allowed to continue to occupy it. If he was to sell it, that would be another matter and I doubt that he would benefit at a point of sale.
More than a quarter of a million households have been abandoned and left empty when I did a quick search I am absolutely gob smacked great video thanks it's definitely food for thought!
Where did you search?
I read an example of this a few years back when some one Put up a semi permanent tent on a piece of ancient woodland that was overlooked during dealing with a deceased's estate. They put the tent up and lived in it, practiced forest husbandry, fenced the land and maintained it. They documented the whole process. Since none of the inheritors were aware they needed to look at the land it was apparently an easy case to prove. I wish I could remember the details then I could put up more information.
Please be warned the BBB statement "in the UK" is false. All the references to statutes and land registration do not apply in Scotland.
Interesting videos.👍
There are a few US based legal channels I follow (there are enough similarities to our legal maxims to make them interesting), but few UK based legal channels. So I appreciate your time & effort in doing these.
Which ones? I find their system is far more political than ours.
Good video. Very well delivered overview on the subject.
Thank you for these videos. Fantastic 👍🏼
Fascinating video Daniel. Can't imagine it will ever apply to me but it is things like this why I find law so engaging.
Thanks!
@@BlackBeltBarrister hi Daniel, can I drop you an email about a situation like this and see what you think
Thank you i am just beginning my adverse possession , you helped me understand it better hopefully all gos well
I found this really helpful, thank you👍🏻👌🏻
Great that youve just clarifyed this loop hole for any future land thieves.
It's not a loop hole it's put in place to stop people hoarding land and letting it get overgrown and go to waste without a single bit of maintenance, if you own land and haven't even been to it in over a decade that's a you problem and you don't deserve to own it. Which is why if someone else uses and maintains the land for that period of time they are entitled to own it.
Great explanation. My father fenced off a piece of unadopted land back in the 60s. He was able to get planning permission 25 years later and deeds to his chalet bungalow that he built. Some neighbours had already fenced off part of the land so he decided to get the rest. First come, first served!!
Thanks for watching!
That’s interesting cos I know of a person who moved in 90. Bit of land beside her house. A few years ago she decided to fence it for her use. Residents association complained to local authority. Took her to court. She maintained that piece of land for 29 years. Investigation of the land states that it belongs to developers. In the planning doc.. it states that piece of land has to stay as common land. Local authority and developer has never maintained it. She’s now trying to get adverse possession.
@@stephaniesamra7960 ok, that's also interesting. The land my father had was on an unadopted lane at the bottom of his garden. The lane is still unadopted, ie the council do not upkeep the surface.
@@janetharrod2750 But if someone has rights to pass and repass over that lane they can potentially apply to have the "obstruction" removed. Rights of way do not extinguish through lack of use.
This guy is intellectually fascinating
What a great video. It would be excellent if you could do a separate video on unregistered land. We live on a 30 year old estate which has a 4 metre tree boundary between our garden and a field. This was originally done to hide the estate from view. Nobody has ever maintained the land and a few neighbours “moved in” and fenced off many years ago. I’ve long awaited a knock at the door! It is possible to legally claim title in this sort of situation. Cheers.
Well put, a subject that I was involved with before I retired from working using the LR act 2002 and 1925 daily.
I wonder if you would be kind enough to shed some light on my situation (pun intended). I have factual possession of a small parcel of land that is in the main the site of my garden shed. The timeframe is post LR Act 2002 and predates my purchase of the house and adjoining land.
It is registered, however, I understand that the use classification is either B2 or quite possibly B8 as it was a lumberyard. The yard has been developed as residential in a piecemeal fashion over the years all except this small parcel, which is only accessible via my property or via a wade across a millpond.
I think I'm ticking all of the boxes but it would be great to have an expert opinion and even better if it is free.
@@runswithcows Have a read here www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land and www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land
@@grahamallison6704 That's really helpful, many thanks. Bit odd thinking of myself as a squatter but in this instance that's exactly what I am. It was the BlackBeltBarrister's comment that excluded residential property that made me question my understanding of my ability to acquire the land by adverse possession.
The only area that remains unclear is whether the period of factual possession is reset when the ownership of the adjoining property and land is transferred. I'll have a thorough read through.
Great work 💪
A brief overview... so much content in there!
Thanks, this has been very informative. I'm sure you don't want to get stuck in the groove of property rights but perhaps sometime in the future you could explain how compulsory purchase orders are a thing and why they're so hard to fight.
Because the crown actually owns all the land anyway and the legal paperwork is just formalities, if the government want the land they'll be working in the interests of the Crown so anything they say goes? Also the monarchy isn't the crown.. Go figure
They apply when land is needed for the greater public good, and market value is paid for the land.
@@ryanalexander3088 It’s all under the Catholic Church, check which crown she stuck on her head. I’ve never seen so much fraud in my life and we are all apart of it.
I find this very interesting as I came across this recently. How would a compulsory order be raised without information. Against the owner.
I am posting this to my friend who has a problem with someone trying to take a parcel of their land in this way. Thank you.
Thank you for Sharing your Information
In California Adverse Possession requires payment of the taxes, the statutory period is 5 years. In the 19th century the Railroads had huge tracts of land granted to them in exchange for building the railroad. They also had a lot of influence in the state government so they prevailed on the legislature to pass the tax requirement since it was difficult to defend all that land from squatters.
Very good information.....thanks for this.
Awesome thank you 🙏 sir
This video was very very helpful
Thank you sir
Ah good video, thanks. I do want to search out a piece of land. Seems the most important thing is to check the land register to see if it has a keeper or not first and foremost.
thanks for great upload very helpful!
Glad you enjoyed it!
Our family purchased and registered a property in 1998. In subsequent years we applied for and received an additional copy of our registered titlefor our records.
However, we noticed that someone (not disclosed) was claiming a small piece of unfenced land adjoining our driveway and the highway.
I wrote a letter to Land Registry stating we own the land, according to title, and disputed any claim otherwise.
Further, we questioned as to why Land Registry had NOT NOTIFIED us of any claim being made as they are required to do.
You guessed it
NO RESPONSE!
We now adversely possess and maintain the claimed adverse pòssesion by unknown persons Legal ?
Another very interesting video; thankyou. I have a suggestion for a Mr and Mrs Cladding of Lawchester own a Leasehold property...............and have recently tried to move properties. However Mrs Cladding has been informed they need an ESW1 form to confirm the property is safe concerning its exterior walls. The couple then receive a bill from the Lanlord for 50,000 pounds to make good the errors that have arisen in the ESW1 report. Please confirm the liability to these costs the couple face and what if anything they can do to avoid these costs. NB: The couple live in a flat within a building under 18 meters tall and so are not eligible for Govt assistance in removing defective cladding and or repair/replace fire prone features.
Thanks that was interesting.
Glad it was helpful!
There is a corner plot within the village which I live close to which was fenced off by a local businessman. The land was I believe common land & lay opposite his business. He has within the past year or so submitted an application to build on that land which the parish council has resisted. The man was for years & may possibly still be a member of that parish council. Does his role within the council & his relationship with other councillors, some who are probably not averse to his planning application prejudice his claim in any way? He now has a locked gate & "private property" signs around the land.
Great video, very informative. Thank you.
Could you perhaps tell me what the difference between positive prescription (Scotland) and adverse possession (England, Wales) is please?
Great bit of advice. liked and subscribed. Could you go,at some point,into more detail on finding unregistered land in Scotland? England has a free map as i understand,is there a way to find land in Scotland without pouring money into the process? Apparently,about 50% of scottish land is unregistered.
Great timing, I'm currently doing a paper on adverse possession as part of my LLB. Many thanks :)
Glad it was helpful!
Tort Of Private Nuisance
Misuse Of Easement Property
Private Nuisance
On a similar sort of issue, i have used an access over a piece of land for over 30 years, and previous owners of my property used it for over 40 years prior to that. None of us have ever asked for or been given any permissions, it has just been used. Now the land has recently been sold and the new land owner's say that we can no longer use the access, which not only services my home but also my business. Thank you for any help and please keep up the excellent and very interesting videos.
This might fall under "Easement by prescription" ie through long use.
Here is his video on easements:
th-cam.com/video/XESQW0CYDJI/w-d-xo.html
Excellent, thank you. Do the same rules apply to Unregistered land ? I assume that they do and the only difference would be that the 65 day notification period to the title owner by the Land Registry would not apply ?
I think sometimes with unregistered land, notices may be served on owners of neighbouring land.
About 12 years ago one of my grandmother's then neighbours 'took over' a section of a council-owned car park (they errected a wooden car port over it) and a few years later were apparently able to sell the house with the newly acquired land as part of the estate. I had wondered how this was legally done so thanks for the insight!
Worth remembering that Council land belongs to the people, so not really a good thing if it is snatched by private owners.
@@portcullis5622 Quite true but if what Daniel says is correct then they would have been notified about the attempted possession. They were quick to try to get a small animal sanctuary evicted on the grounds of 'inappropriate and non-permitted use' of arable farmland (the appeal was of course upheld) but I guess when your mates are involved...
Hmm I thought time runneth not against the King
@@someonespadre Tell that to the (London?) council who did nothing about squatters living in a large council owned building. They had cut it up into 'apartments' and when the council eventually moved to evict them many had been there for more than 15 years, so it turned out held legal title to their little bit.
@@loc4725 I’m not familiar with your entities…is the council public or private?
In US common law AP government land held in its public capacity (such as parks, rivers, ocean, lakes and forest land) can not be adversely possessed but land held in its proprietary capacity (for example a City’s maintenance facility) can be. Some states have statute law which deletes the proprietary exception so no government land can be adversely possessed.
Thanks
My nice neighbour moved in & decided he was moving the boundary 2m in his benefit just on the day he new my Mrs was in hospital having a miscarriage due to the stress he’s caused. He’s trying adverse possession. Problem with boundary’s is they are only accurate to 2m in the countryside. He did exactly the same at another house he owns. He’s had a dodgy surveyor put measurements on his deeds to suit. He got away with it last time. I’d maintained this land for several years had chickens on it & his shed was the boundary for 30 yrs previously. He needs a 2m fire break for insurance purposes as he runs a business from the shed. That’s why he desperately needs it. This has been reported to land registry & I even issued him with a letter before he bought the place advising of this dispute. But he still went ahead. So I’ve lost 2m x400m of my garden. Some people🙄 I’m sure I’ll have the last laugh though one way or another.
Interesting, thank you.
Thanks for watching!
My garden ascends sharply on very soft ground from my house, and it continually has eroded back since the property and adjacent property has existed. The result is that the "property line" as originally drawn is now on a high vertical subsidence, impractical and valueless to all. A similar condition exists along the row of my neighbours.The property owner at the top of my garden asked if she could fence across the top for safety and I agreed that it was a good idea. I assume that the placing of the fence puts me in possession of what is actually a liability! (I'm not complaining!)
Depending how long that fence was there and how long that neighbor has been taking care of it, technically the neighbor can legally claim it as his property. Its called adverse possession.
My mum, lived next to a bit of land that was fenced by someone...for 12 years . House built...was called Courtland. 👍
😁
@@BlackBeltBarrister caught... but I’m sure you got it.✅
very informative, I am about to attempt my first Adverse Possession in the coming days. What sort of legal protections will I enjoy, my intent is to put up a private land sign with a alt phone number, in the hope that no one calls, but if they do I will instantly drop any attempt. do they have a right to remove signs ?
I wonder, would it make any difference if the owner of the land is a local council and has leased that land to a tenant.
For example, there is exists a low rise block of 6 flats, 2 per floor over 3 floors, each of which has a garden. The block is owned, freehold, by the council. Flats 2 through 6 are rented by tenants, flat 1 is owned, leasehold, by the occupier. The gardens for flats 1 and 2 are immediately behind the block so can be accessed via a rear door from the flat as well from a side gate to a common walkway accessed via a door from the shared vestibule of the block. The gardens for the remaining flats are behind those gardens such that the gardens for flats 3 and 5 are behind the garden for flat 1 and those for flats 4 and 6 behind the the garden for flat 2. The only division between the gardens are short concrete posts between which had been strung basic fencing (two pairs of twisted wire with rough wooden staves inserted between them every 6-12 inches).
Up until 1 year ago none of the 4 gardens for flats 3 to 6 were maintained by anyone, the duty to maintain the gardens falls to the tenants under the terms of their tenancy but this is not enforced in any meaningful way. As a result all gardens were heavily overgrown with brambles, bindweed &c). Last year the tenant of flat 4 agreed to exchange gardens with the tenant in flat 6 (so their garden was now at the end, the order of gardens went from 3-5-4-6 to 3-5-6-4) and engaged a local builder to clear and level the garden then lay lawn and erect high fences around the garden. As well as doing this the builder laid a concrete path to the garden and erected a simple wooden fence from the common walkway to the gate in the fence for flat 4's garden. As a result the only access to the remaining 3 gardens is via the garden of Flat 1.
Suppose the occupant of flat 1 were to cut back the brambles and other weeds in the gardens for flats 3, 5 and 6, and treat the new growth with a systemic weedkiller as a means to prevent growth into their own garden which has been blighting their peaceful enjoyment of their garden since they moved in. If this were kept up long enough, 12+ years, then if I'm understanding this video correctly, there is a strong chance that the occupant of flat 1 would gain adverse possession of the gardens, presumably the freehold.
So it really depends and whether the judge likes your case and finding a lawyer that
can convince him.
Fact
Always interesting. What if there is a path that runs through the land?
Have you done a video on ground rent and becoming freehold
Violence is always overlooked in these prickly circumstances. Those who enjoy the land at a another's expense, must lay in the land and organically recompense.
I know of a house where the owner Lady deceased two years ago. My friend living there as a guest of the Lady has been harassed by dubious characters and threatened in an attempt to get him out. My friend has done numerous checks and found one of these people has a conviction of a property fraud of some kind. The house and estate were intended by the Lady, to be sold and money given to charity but this is not the case here. The Council said he needs an eviction notice before he leaves but none has been forthcoming. Unfortunately my friend was finding it too stressful and moved out. They won.
I'm currently in the process of adversly possessing 2 pieces of land. One has a public footpath crossing it? Are there any legalities I need to watch out for?
Hi . Can I ask about the Nuremberg Code does it still stand could you explain that foe me.
It is a shame you can't use this to save some historic buildings that are just being abandoned. There are often old buildings that just end up getting acquired by large development companies only for them to go up in flames after the developers encounter any preservation orders on them so they can build some modern stuff there instead. I wouldn't mind owning a nice old church or a small hosp... nah maybe not an abandoned hospital, forget that! An old church on the other hand would make a nice place to live even if it would be expensive to heat the main hall in the winter (I already found a way around that though).
Hi i have found a piece of land that is in my opinion not being used people have been fly tipping on the land i have done a land check and it belongs to the local council can i put a fence and gate up and use this land ? Thankyou
I live in a 1936 bungalow with half acre plot. A year ago a neighbour couple end of the back garden. They live in a 20 yr old house with tiny back garden. Spent a few visits on my door. One was trees blocking light could they have them cut ok i said. But cut too many down going past there next door neighbours. The tree chaps did cut the wood up for my wood burner. Next got letter and photo showing summer house top needed fixing with felt. I said ok thanks then was asked if the fence coming away slightly could be taken down. So they could use the summer house also make a vegetable patch near it. I cant get down very easy i am an amputee wheelchair bound plus had serious brain damage 30 years ago. They go in the summer house sometimes but not any vegetable planting. I feel like having the fence section put back. Could i put the back am confused. There is a 10 inch gap between my fence and the neighbours along the fence. But picture of my damaged fence they sent me in a letter they removed there fence to be able to see and photo. Anyway i wondered what you thought of it i can have it replaced the missing fence restore it back i hope. BlackBeltBarrister .
Very interesting. In the USA however, whoever pays the yearly property taxes on a piece of land, retains ownership of that land no matter who else uses it. Once the tax goes unpaid, anyone can pay the tax instead and if seven years goes by like that, the person who has paid that tax becomes the new owner. OR, if the taxes go unpaid for one year, the property will go up for a tax sale and someone can buy the rights to it, though in some states the original owner has six months or so to redeem it by paying that tax.
@@dgnash The only downside is, a lot of people lose their property because of our property tax laws. In areas that have a property tax (not all areas of the USA do) the state essentially owns your land, and rents it to you, typically for 1% of its value every year. So if your home and land is valued at say, $300,000 USD, that 'tax/rent' would be $3,000 you have to pay to the state every year. Don't pay and the property goes up for tax sale, often only for the amount of tax that has not been paid. So what happens fairly often is the person who was responsible for paying the tax, dies and the people left behind don't pay the next years payment since they've never had to deal with it before, and the property ends up in a tax sale, is sold, and those people, often a spouse, is kicked out with nothing.
@@dgnash Buy land from the state? Not exactly. You buy from private sellers. But the state is a sort of landlord that charges everyone yearly rent. Once you buy land or any property, it's generally yours to do with as you wish, though in many areas you have to deal with local building codes, permits, etc that limit what you can build or actually do with your land or buildings on that land. If you don't pay the state their yearly 'tax', they sell your property for the amount of tax that is owed. The state never keeps property for itself or tries to sell that property for a profit. It's all to get the taxes. So if you want to buy a house for instance, you buy it from the current owner and pay them. Most people have to borrow money from a bank to do this, so the bank holds the title to the house until the loan is paid off, usually in monthly installments. So the average person has to pay on their bank loan every month, as well as a yearly tax for the property to the state. Once the bank loan is paid off, they still have to pay their property tax every year or lose the rights to that property.
@@dgnash Interesting. The 'Council tax' does sound similar to our 'property tax'. But here in the USA, they don't bother taking you to court over the unpaid tax. They do send notices to you via snail mail to pay up or else, and the amount of time you have to pay varies state to state. But if you ignore the warnings, they simply list your property on a tax sale site that is or used to be posted in the local paper as well as on the county court house bulletin board. Though I'm sure there is a website for such stuff these days also. And if the tax goes unpaid past the deadline, it's offered for sale for the amount of tax owed. So some shrewd buyers can get a property worth tens of or hundreds of thousands of USD for a few hundred or thousand dollars of whatever the taxes owed was. Though in many areas, the original owner still has a short window of time to reclaim the property if they can scrape together the taxes owed. Some end up having to sell the property in order to get the money to pay the tax. As for lawyer fees in the USA, they vary. Most people in cases like this, don't need a lawyer and can simply go before a judge and state their case. Sometimes they need to file in a 'small claims' court and usually don't need a lawyer there either. But if they choose to hire a lawyer, they'll pay the lawyer an hourly fee, which is negotiable to a point, or even a fixed amount. The way lawyers make the most money here in the USA is when someone is being sued. In those cases, the person suing usually doesn't have enough money to pay their lawyer, so the lawyer agrees to take 40% of the money won IF the case is won. And nothing if the case is lost.
Nice moral compass mate
We have a garage that we used since 1984. And the owner before 1969 we have maintained the garage and since removed it as a tree had collapsed on it so we fenced it off. This was council land sold to a local housing associations and now has just been sold with other garages. Can we therefore apply this.
Thank you for an informative and interesting video. You do not define 'Factual Possession'. I would asume in means in actual possession of, in the present time. Would that preclude an Adverse Possession claim of any land that you are not in actual possession of, but may have had once, say in the years 1968 -1980?
I am sure it need to be current. It reverts to the paper owner from 1980 when the possession ends.
Good info to know 👍 can I ask is the sword behind you 1st a real one or wooden 2nd if real over 100y old antique hand-made or under 50in
I had to hand mine in too.
Isn't the intention to possess land an act of war?
I read about this years ago . Which is probably why I never took such actions. It takes too bloody long. Which is a shame. Unlike America . But England is a small country. But best of luck to those in their endeavours
Hello and thank you for your video. I was hoping for some information on adopted land that I'm currently looking to either purchase or incorporate on to my land. I'm waiting for a reply from my local Authority's highway department, perhaps you could shed some light on this or perhaps a separate video?
Hi any info on my previous question would be great thanks
In the case of Hounslow Borough council V Minchington (1997) 74 PandCR 221. is there a defined minimum height of said fence? For argument's sake, could a neutral coloured picket fence be used?
Very interesting but still a bit wordy for my small brain!
In simple terms, what do I need to do to get me some free land?
Does this apply to river Bank moorings ? Our boat has been moored on Queens Land for 14 years, without any issue, but now somebody has "bought" the mooring and is trying to evict us.
How do the recent 2015 laws affect the possessor? I heard that with a residential property, the possessor can be charged with trespass.
Is this legal in Scotland as our law is different to England and Wales?
So one of the few times if you are found on land you don't currently own, you don't want to say you have the owners permission.
Genraly you don't want to say you have owners permission, the worsed that can happen is you get kicked off
@@hens0w that is exactly what I said in my comment
@@NerdCymru I mean I can't think of a time when you would want to say your somewhere with permission.
Maybe if you're on MOD land and it's ture.
@@hens0w You're retrieving your children's ball from your neighbour's back garden. They are not in but have said that they are happy for you to collect it yourself if it goes over the fence. Their neighbour from the other side has just moved in and is unaware of this arrangement and hasn't met you yet and therefore challenges you being there.
We have been on this land since 1982 to current and we want to break the (trust). The trust is held in Canada but the property is in the USA. Would adverse procession work in this case???
This doesn't apply to any part of the UK outwith England & Wales.
Interesting. I have a railway line at the bottom of the garden. The old 3 wire fence has long since collapsed. The railway has installed a 'new' 8ft steel fence 3 meters inside of the old boundary fence ( 16 years ago ). This has left 40 Sq meters of land at the top of my garden only accessible via my garden. I use it for storage of compost bins etc. Is this land ripe for Adverse possession?
I think it's now yours.
Here for a similar reason! We are claiming an un owned small bit of woodlands behind our house.
We’ve began the fencing process 😏
Hi Daniel. Could you answer a question for me please. I own an apartment with a parking space in a victorian townhouse. The access to my parking space I have a right of way over an access lane. This access lane is private but unregistered. Nobody can trace the owner, 40 years we have tried. If a car which is untaxed and without an MOT parks on the unregistered land do the council have the right to treat this as if were on 5:59 open ground and remove the vehicle. An investigation as abandonment notice was put on the car but the owner (me) informed the council it wasn't abandoned, it has a registered keeper, me.
Council stated they can remove car under these circumstances. Many thanks
I BELief kenya adopted most of its laws from international community and domesticate them,i would lke to know if some buys a piece of land from someone who is not the legal owner of the land , the seller having lived from the same piece of land for more than 12 years but the purchaser has not attained the right period to claim adverse possession,is the right to adverse possession transferable from the seller to the buyer?
I tried that on an acre behind Kensington Palace... I didn't get very far !
😂
I think that's the most expensive street in the UK!
@@trickygoose2 Ha ha... You are probably right !
I have a question if someone can answer it...I recently bought a house but I do not own the front garden only the building and back garden, the previous owner built a fence around the front garden and looked after the property for well over 10years...since then the local authority (the registered owner) hasn't had any interaction with this property since. they don't cut the grass and have not been on the land since the original sale so my question is can I apply for adverse possession to claim the front garden as my own now that I have bought the house or do I need to wait the 10 years in order to apply for possession
So what happens if a residential boundary line is not what the councils maps show? IE someone has moved it at some point unknown.
Could this apply to an informal travelers site ?
No laws apply ,or are applied to travellers. FFS!!
Here is an interesting curiosity, whilst trying to find out if the Council did actually own the land adjacent to my allotment plot, I discovered that the lease for the allotments did not cover my plot on the map although I have been and continue to pay rent for the plot to the association who lease the rest of the land. In another years time I will have been on that plot for 10 years. Could I claim register my plot as outright ownership and stop paying rent to the allotment association? Here is the snag with declaring UDI. I would still have to cross the allotment land to gain access to that plot so it might not be a very good idea.
I would doubt it as your paying of rent could be argued to be an admission that you do not hold the land yourself and as such have not been adversely possessing the land. However if the council do not actually hold the title to the land then Its possible you could stop paying the rent and THEN start the adverse possession process from that point and hope that the council doesn't try to retake possession for a new tenant or to claim the land themselves.
HI AND THANK YOU FOR THE INFORMATION ,LAND REGISTRY IS NOW ONLY ON LINE ,,AND THE NEGLECTED LAND I'M LOOKING AT HAS NO POSTCODE, BUT TO REGISTER THE YOU NEED A POST CODE OR ADDRESS WHICH I/THEY DONT HAVE,
ANY IDEAS ON THIS BBB
KEITH HARDING
What happens to property that is under deeds and not on the registry. I. E claiming property that isn't registered but is still owned under the previous scheme. How are the land registry going to contact the owner within the time frame. I saw from one of your other videos that there are a lot of people who don't realise how much property is still under the deeds sysrem
I have found 1.5 acres of unregistered land. There are no records of an address attached to this land so it's either unowned or has not changed hands since 1990. It is completely overgrown with gorse and bramble and has been in this condition for best part of 20 years possibly longer. Can I claim adverse possession and turn it into a small holding in order to grow produce with the long term intention of possibly becoming the paper title holder after 12 years ?
Are there any good videos about Adverse Possession of property?
May I ask a question about a land issue?
If a pub/restaurant puts tables and chairs outside their property on a public walkway are they breaking the law?
A lot of pubs seem to to be doing it nowadays and I believe they have no right to do it as it’s in effect obstruction.
Would be curious to know the actual law on that as some businesses seem to be taking up large sections of public thoroughfares for their businesses.
Will address on th-cam.com/users/blackbeltsecrets !
Question: Can my landlord charge a full weeks rent and service charge because its a Leap Year?
Wow. It’s a kind of hybrid of “The Legaliser” with Gary Bell and the former under 16 Shotokan champion of GB, ex barrister/lecturer Rob Manning. Add Alan Partridge into the mix and we have a near perfect photo fit!
Seriously though, I would run a mile if someone came up to me in the gym and unloaded this text onto me !😉
Would you be intetested in a video on aggravated trespass (AT) I hear many things which, I believe, are incorrect about AT, such as 'you have to commit a crime while trespassing for it to be AT', or 'you have to be carrying a weapon for it to be AT'.
As I understand it, all that is required is 'a further action' beyond the actual trespass that either obstructs or disrupts the lawful activity on the land, or intimidates others from engaging in lawful activity on the land.
That 'further act' can be virtually anything that fits the criteria above.
There does not have to a criminal element to the 'further act' , nor need there be a weapon involved.
Would be intetested to know if my understanding is right.
But isn't the obstruction or disruption or intimidation a crime under a public order offence?
@@TheSadButMadLad Those words are not mentioned in relation to Public Order offences. If your actions were threatening, abusive (or insulting for section 4 and 4a) or disorderly, then yes, the method of disruption, obstruction or intimidation could also be a public order offence. But conversely, if you are not threatening, abusive or insulting, or trying to illicit imminent violence, then there would be no public order offence.
I guess in some situations you might get charged with both aggravated trespass AND public order offences.
Hopefully, he will look at doing a video on this, and educate us.!😀
@@zigzagtoes Bauer & Orrs vs DPP is a good case to look at.
Aggravated trespass does require a further act beyond the original trespass. This act has to have the intention of obstructing or disrupting lawful activity on the land, or intimidating other from engaging in a lawful activity on the land.
If you can convince a judge that your mere refusal to leave, and continued presence does amount to that, good luck. That would possibly have the effect of criminalising most trespass, something which historically has not been the case in E & W.
@@zigzagtoes Still requires an intent to disrupt etc by the trespasser though, which is harder to prove (depends on the exact circumstances). I do get what you are saying, and ultimately it would be up to a magistrate to decide, but I still feel from looking at other cases there does need to be a separate act beyond mere trespass. Refusing to leave is still just trespass, nothing more.
@@zigzagtoes Again, it may come down to intent. If he entered as a trespasser with the intent of stealing, or doing damage to people or property then it would probably be covered by the Theft Act 1968 (probably section 8, Burglary).
If not, his advancing towards you might be construed as intimidating you from conducting your lawful activity on the site (your security role), and therfore be AT. Every case would need to be looked at on it's own merits.
Do you have a video on claiming unregistered abandoned property?
In 1990 the local council agreed to rent me a piece of land adjacent to my property but never replied to solicitor and I have never paid anything. The land was then apparently transferred. What is my position as to adverse possession please? Thankyou for a timely and informative video
If you have documented anything that can prove your were in possession of the land, then you can try and claim it. the title may have been transferred, however possession was not. It may be worth attempting to get the land put into your name, however it may be risky, due to the land registry act 2002. however as you mentioned you took possession in 1990, so the old rules should still apply.
Is it different rules in scotland?
Is this the same for adverse possession of an abandoned property?
So does thay mean that somebody cant adversely possess a domestic property, even without squatting? What if somebody gained access to a property that is empty, changed the locks, and maintained the land around it for 10 years?
Eeee I'm dying to do something like this really am
Have been on some land since 2007 most days, land registry holds not registration or title for this land, nor local knowledge of land when asked local residents..., Invested time & money in up keep, removing fallen & replanting trees... have fenced & hedged 3 sides & maintained the river frontage...
Could i get a title deed...
Check it’s not crown land
There is land at the side of my property which I am the only one who has access to, can I claim that land.?
Thank you for the very informative video. Helped massively to understand the overall process of obtaining land.
I’ve recently started to adversely possess a unregistered small field on the side of a hill overlooking my town, that has been left to overgrow and be dumped on by fly tippers for at least 15 years. This land is accessed by a narrow overgrown track / road which is most likely why it has been left and forgotten about. I’ve asked around the local area and people don’t know who owns / owned the land or when it was last used. I have put up ‘Privet property’ signs with my phone number written on them, located at both of the two entrances to the land. They have been up for over a month now and I’ve not yet had any phone calls. I’ve now began to cut back some of the very overgrown vegetation in the hopes of using the land and registering it in my name 12 years from now. All of these actions that I have taken I have photographed to help provide proof and aid the application.
Is there any further actions that you can think of that would aid my case in possessing this land and allow me to determine who owns the land?
Thanks for the help!
Put up a fence and lockable gate would be a good one.
@@James-co2nb Yeah! I should have said in the previous comment that the land is surrounded by stone and soil walls / banks which have barbed wire above. There’s two entrances from the lane. One which I have tied a big steel gate to the concrete posts either side of the entrance. The other which I have padlocked a chain across from the two concrete posts. I intend on making / buying some gates once the track is drivable.
Did you check your local land registry to see if it’s crown land? For my understanding is, crown land cannot be taken by adverse possession
Some thing else us children cant use whenever or theres a charge for it
wondered about party wall dividing driveways. If an extension is built half way across party wall then I want an extension do I leave a gap or if I don't are both houses then classed as terraced.
By who?
I'm going to tell one of my neigbours about this.
1:52 "Residential Premises" What if the building is in such a state of dereliction it would be inhabitable? (Legislation defines residential property as property that is being used as, is suitable for being used as, or is being developed to be used as, a dwelling). However, if it derelict, it could not be legally classed as "being used as, suitable for, or even being developed" With all the way legal professionals use all and every possible nuance's within the English language, how would this stand up in a court?
Great question.
You may also want to research the legal definition of “dwelling”, “house” and “home”
I live in the centre and there's an empty plot for a semi or detached house, fenced up eaten up by weed for at least 8yrs now. Seriously considering taking over as a birthday present for myself. Any advice on that? What if, I start cleaning up the place and put out signs keep out private property?
@@dgnash This is Tory Britain. If you don't like it move, so I can claim your land. :p
So I can't just start ploughing next door's front garden?