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#1
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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. |
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#2
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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 |
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#3
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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. |
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#4
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"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 |
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#5
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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). |
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#6
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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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