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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 9031
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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UK PROPERTY LAW - ADVERSE POSSESSION. I am interested in land

Customer Question

UK PROPERTY LAW - ADVERSE POSSESSION. I am interested in land with a derelict building on it which has only partial walls. It is registered but after extensive searches by myself and a private investigator we cannot trace the registered owner ever existed. However a person several generations on with the same surname states it belongs to a trust. It is not registered in a name of a trust which it should be. Do I go to court to flush out the owner or take adverse possession and erect a sign stating that the owner must provide full documentary evidence of ownership, birth, marriage & death certificates. Then copies of will, probate and the actual trust and trustees details. If I was to be really nasty, if as I expect something not quite correct just tell the Inland Revenue on taxes they may be missing out to flush them out as I have the address of a person who says it is in a trust. Your thoughts are awaited.

Chris
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Aston Lawyer replied 1 year ago.
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Customer: replied 1 year ago.

Hi Thanks for your reply. I did put up gates and a bit of fencing around the land but there is still a lot more to erect if I took adverse possession. I did it because the drive entrance onto the land had just a mound of earth and there was around the corner an area that was being used as a parking area off this country lane and was used basically for fly tipping. This has now stopped but as I am not on the land no one except myself knows who put the gates up and who has the key. I presume as the public still has free access it cannot have started the adverse possession clock. I expect that if I erect the rest of the fencing to stop entry and just cleared and tended to the land this would be o.k..


Also do you think I should erect a sign about the adverse possession and all the documentation that would be needed to satisfy they are the legal owners. Alternatively just leave a mobile number on a sign to ring re adverse possession.


From what I have read and your reply I feel that I should go ahead with the possession. If it all goes well the next problem is the transfer of the land into my name in 10 or 12 years time. I have to answer the question about whether I know the identity of the registered owner. Yes I do know who the land is registered to, but cannot trace any record of her or that she even existed. I cannot lie so really it could possibly be never transferred into my name.


 


try and evict me that if a notice is erected so that if the aledged owner does eventually visit that it is id

Expert:  Aston Lawyer replied 1 year ago.
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