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Adverse possession- adjacent land- can I protect my fence



 
 
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  #1  
Old September 10th 08, 12:27 PM
ranjit1701 ranjit1701 is offline
Junior Member
 
First recorded activity at LegalBanter: Aug 2008
Posts: 1
Angry Adverse possession- adjacent land- can I protect my fence

I own a closed down public house which has a adjoining piece of land that was unregistered.
I have Been using the land for about four years because the site was unoccupied here was no one to challenge me.its been fenced off for two.
It have never been registed before and caution was advised by land registry for first registration.
I took instructions from local solicitor made adverse poss on the land which came back because i had to have uninterrupted use for 12 years for registration.
Recently the new owners or a security guard or someone some one working on the next door site next removed all the panels from my fence leaving them in a pile and causeing some damage.I was worried that my scaffold was to be stollen with price of steel and have moved all this and other items into my property.
Can i make a stance on this site?what legal notices can i display that can deter the removal of my fence?What legal squatters rights notice can i display to keep hold of the land.where on the internet can i find a copy? .I have got some paperwork to take out a court order against damage to my fence but unsure of the type of court order in order to stop them removing my fence.
Lidle have purchased or taken a leease on the site nad have put in a planning application around the time my fence was taken down. No notice to quit was served on me.
-do they not have to prove ownership?
-Can i get the police involved?
-The section of land clearly had no ownership as far as the land registry was concerned. They made me a free application and search as to ownership on this.
-How and under what grounds can i keep hold of this land which is 18meter by 2meters and adjoins on to my land/ property.
-How can i stop them removing the panels when i am not there.
i could put up a camera and notices on the fence . what should i write and should i leave a contact number?
i have mamanged to find some section 6 criminal law act 1977 & pulblic order act 1994 notices that i shall display on my fence.
  #2  
Old September 10th 08, 06:35 PM posted to uk.legal.moderated
fjmd1@yahoo.co.uk
external usenet poster
 
Posts: 671
Default Adverse possession- adjacent land- can I protect my fence

On 10 Sep, 17:10, ranjit1701
wrote:
I own a closed down public house which has a adjoining piece of land
that was unregistered.
I have Been using the land for about four years because the site was
unoccupied here was no one to challenge me.its been fenced off for
two.
It have never been registed before and caution was advised by land
registry for first registration.
I took instructions from local solicitor made adverse poss on the land
which came back because i had to have uninterrupted use for 12 years
for registration.
Recently the new owners or a security guard or someone some one working
on the next door site next removed all the panels from my fence leaving
them in a pile and causeing some damage.I was worried that my scaffold
was to be stollen with price of steel and have moved all this and other
items into my property.
Can i make a stance on this site?what legal notices can i display that
can deter the removal of my fence?What legal squatters rights notice
can i display to keep hold of the land.where on the internet can i find
a copy? .I have got some paperwork to take out a court order against
damage to my fence but unsure of the type of court order in order to
stop them removing my fence.
Lidle have purchased or taken a leease on the site nad have put in a
planning application around the time my fence was taken down. No notice
to quit was served on me.
-do they not have to prove ownership?
-Can i get the police involved?
-The section of land clearly had no ownership as far as the land
registry was concerned. They made me a free application and search as
to ownership on this.
-How and under what grounds can i keep hold of this land which is
18meter by 2meters and adjoins on to my land/ property.
-How can i stop them removing the panels when i am not there.
i could put up a camera and notices on the fence . what should i write
and should i leave a contact number?
i have mamanged to find some section 6 criminal law act 1977 & pulblic
order act 1994 notices that i shall display on my fence.


If its not your land and you don't live there then the owner has a
perfect right to enter, remove anything you have built there and do
what they like with it (pedantically: for owner read "someone with
better title than you", though that's barely necessary).

If you were in possession of the land and a court order was needed to
remove you (which would usually be the case if you lived there) then
that's a different matter. But that isn't this case.

Francis

  #3  
Old September 10th 08, 10:10 PM posted to uk.legal.moderated
troysteadman@yahoo.co.uk
external usenet poster
 
Posts: 117
Default Adverse possession- adjacent land- can I protect my fence

On 10 Sep, 19:00, "Anthony R. Gold" wrote:
On Wed, 10 Sep 2008 18:35:11 +0100, "
wrote:

On 10 Sep, 17:10, ranjit1701
wrote:
Recently the new owners or a security guard or someone some one working
on the next door site next removed all the panels from my fence leaving
them in a pile and causeing some damage.


If its not your land and you don't live there then the owner has a
perfect right to enter, remove anything you have built there and do
what they like with it (pedantically: for owner read "someone with
better title than you", though that's barely necessary).


Ranjit, this is all really confusing. *Francis is reading "next door site"
as being the unregistered land but I read is as being different property.

Tony


The land (the OP says) is "this land which is 18meter by 2meters" - in
other words a pathway between the properties.

All over Britain people are trying to enclose their side paths and
back accesses - around here they buy buildings at the end of an access
road, then closing the access road at that end.

It doesn't work and years down the line will cause problems that don't
otherwise exist.

  #4  
Old September 11th 08, 12:05 AM posted to uk.legal.moderated
\nightjar\[_59_]
external usenet poster
 
Posts: 1
Default Adverse possession- adjacent land- can I protect my fence


"ranjit1701" wrote in message
...

I own a closed down public house which has a adjoining piece of land
that was unregistered.
I have Been using the land for about four years because the site was
unoccupied here was no one to challenge me.its been fenced off for
two.
It have never been registed before and caution was advised by land
registry for first registration.
I took instructions from local solicitor made adverse poss on the land
which came back because i had to have uninterrupted use for 12 years
for registration.
Recently the new owners or a security guard or someone some one working
on the next door site next removed all the panels from my fence leaving
them in a pile and causeing some damage.I was worried that my scaffold
was to be stollen with price of steel and have moved all this and other
items into my property.
Can i make a stance on this site?what legal notices can i display that
can deter the removal of my fence?What legal squatters rights notice
can i display to keep hold of the land.where on the internet can i find
a copy? .I have got some paperwork to take out a court order against
damage to my fence but unsure of the type of court order in order to
stop them removing my fence.
Lidle have purchased or taken a leease on the site nad have put in a
planning application around the time my fence was taken down. No notice
to quit was served on me.
-do they not have to prove ownership?
-Can i get the police involved?
-The section of land clearly had no ownership as far as the land
registry was concerned. They made me a free application and search as
to ownership on this.
-How and under what grounds can i keep hold of this land which is
18meter by 2meters and adjoins on to my land/ property.
-How can i stop them removing the panels when i am not there.
i could put up a camera and notices on the fence . what should i write
and should i leave a contact number?
i have mamanged to find some section 6 criminal law act 1977 & pulblic
order act 1994 notices that i shall display on my fence.


The fact that the land is not registered does not mean that nobody owns it.
It only means it has not changed hands since registration was made
compulsory. You have no title to this land and will not have any unless you
complete the requirements for adverse possession, which seems unlikely as it
is probably the legal owner of the land who has removed your fence. You had
no right to erect a fence on the land and there would, therefore, be no need
to serve you with a notice to quit. Removing the fence, taking reasonable
care to avoid damage (not necessarily the same as causing no damage) is all
that the land owner need do. If you put up another fence, put it up along
your original boundary line and forget about trying to grab this piece of
land.

Colin Bignell



  #5  
Old September 11th 08, 09:20 AM posted to uk.legal.moderated
Martin Bonner
external usenet poster
 
Posts: 419
Default Adverse possession- adjacent land- can I protect my fence

On Sep 11, 12:05 am, "\"nightjar\"
k wrote:
The fact that the land is not registered does not mean that nobody owns it.
It only means it has not changed hands since registration was made
compulsory.


In fact I imagine that /most/ of the land belonging to big estates
like the Crown, the Church Commissioners, the Duke of Westminster, etc
will not be registered (having been in their possession for
centuries).

  #6  
Old September 11th 08, 10:40 AM posted to uk.legal.moderated
fjmd1@yahoo.co.uk
external usenet poster
 
Posts: 671
Default Adverse possession- adjacent land- can I protect my fence

On 11 Sep, 09:20, Martin Bonner wrote:

In fact I imagine that /most/ of the land belonging to big estates
like the Crown, the Church Commissioners, the Duke of Westminster, etc
will not be registered (having been in their possession for
centuries).


The idea of the LRA 2002 was to entice these people into registration
by giving greater protection against adverse possession to holders of
registered land.

Francis

 




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