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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Im going to take adverse possession of a disused piece of

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Im going to take adverse possession of a disused piece of land, my procedure will go as follows.
1 take photos of land to prove its disused
2 Put in my new gate with lock
3 tidy up the wasteland and start using it for growing vegetables and chickens
4 log the take over with a solicitor and have 2 eyewitness there when i do it. All supported buy photographic evidence.

Is this the correct way to go about it?
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

Hi,

 

Thanks for your question.

 

Yes, that's broadly the correct way to go about it. I would also suggest that if you can use a digital camera that displays the date of the picture then do so.

 

You should also prepare statutory declarations for each of the persons present. and if you are using witnesses they should really be as independent as possible (ie. avoid family and very close friends). Ideally it would be a solicitor or a land agent but you may consider this a sledgehammer to crack a nit. The declarations would state what occurred on the occasion(s) giving details (date, what has happened) and should then be sworn in front of a solicitor (£5.00 per declaration cost). Ask you solicitor to open a file, send him the photos and dec to retain.

 

You solicitor can prepare these for you or you can download a precedent from one of the online document providers and amend it yourself. Testimony at the time is more persuasive than at a later date as it is accepted that memories can fade.

 

I would also update your witnesses periodically throughout your use of the land.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

 

Tom

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Customer: replied 6 years ago.
Hi tom i spoke to you earlier about my adverse possession claim.

I was thinking of writing some slips out to give to passers by if they want to know what's going on, would this be a good idea? and how does this sound?

I Carl Single am taking adverse possession of this disused plot of land.
This plot has been disused for decades as I used to play on it as a child, it is about time the land was put to some use and I am going to be spending some money on it, maintaining it and using the land.
I have photographic evidence and two eye witnesses which will confirm my taking over of the land.
I will be meeting my solicitor with my evidence and he will prepair statutory decelerations which my witnesses and i will sign stated that I have started using the land, photographs will accompany.
Future decelerations will follow stating my continued use of the land.

Best regards
C single.
Expert:  Thomas replied 6 years ago.

Hi Carl,

 

Thank you for the kind accept.

 

I really don't think that's necessary, at most it may be an idea to inform the owners of any properties nearby but passers by really is overkill. You do not want to advertise your possession of it, just to document it.

 

Kind regards,

 

Tom

Customer: replied 6 years ago.

So if anyone asks ill just say im taking posession of the land? Where are you bassed tom uk?
Expert:  Thomas replied 6 years ago.

Yes, that's fine. You don't have to volunteer you plans but it would best not to lie if asked.

 

I'm based in Reading, Berkshire but private contact between experts and customes is prohibited I'm afraid. I've got to off line for half an hour now, if you reply I will get back to you after then.

 

Tom

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