On Tue, 30 Oct 2007 23:25:02 +0000,
wrote:

I know someone who has purchased a house. The seller said that they
have been looking after one of the sheds adjoining a communal yard
even though he knows it actually belongs to his neighbour. He signed
an affidavit saying he had looked after the shed for the past 5 years
and then said if the purchaser were to continue using the shed for the
next 7 years then providing he isn't challenged and is quite open
about using it then the shed becomes his by law.

I am aware of the laws regarding adverse possession and nec vi, nec
vi, nec precario and all that, but this seems to be a bit
surreptitious, kind of conspiring to possess.

Any thoughts?

It is correct to the extent that a title in course of acquisition by
adverse possession is a right over property which can be bought and
sold like any other. Strictly speaking, though, it should have been
included in the conveyance, and it could easily be argued that the
failure to do so is inconsistent with a claim to ownership. "Using" or
"looking after" is not enough; the adverse possessor must treat the
property in all respects as his own.

Conspiracy don't enter into it.

--
Don Aitken
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