Land Law and adverse possession
Thanks for the replies, I am grateful even though someone has
suggested they may be random.
I assure you I have read up on Land Law and especially Adverse
Possession. The Land is not registered yet.
I used the wrong words in "looking after". The seller had treated the
shed as if it were his own without challenge although he had full
knowledge that in fact it is included in the title deeds of his
neighbour. The new owner is aware of the situation and has taken the
matter a stage further by altering the shed and treating it as if he
owned it too. After 7 years he will add the sworn affidavit of the
previous owners 5 years and then intends to have a possessory title of
the shed. Interestingly, this would then necessitate the current
'rightful' owner - the person with the title on paper now - to have to
amend their deeds.
It all seems a little murky, as I understand the laws regarding
adverse possession are there to tidy up land matters, especially where
ownership is not clear, but in this case the shed is clearly shown on
the neighbour's deeds.
The word 'conspiracy' was a bit strong, but I simply feel that the
people involved are setting out or scheming to gain something rather
than wait the 12 years THEN lay claim.
The point that the shed should have been [included] in the title deeds at time of
sale is interesting, but then this would really be naughty as the
seller knows he simply does not own the shed. He swore an affidavit
instead which can be used when the 7 years is up.
Al
I feel there is something not quite right with all this and yet I am
reasonably able to argue that everything is above board, legally if
not morally.
Al
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