Legal question

[Scummer]

As I know how much everyone loves these debates, here's a scenario:

 

My Grandad used to live in Cornwall, and owned a house in the sticks, with garden, and another bit of land directly opposite.

 

About 15 years ago he moved back to Hampshire and sold the house, but kept the bit of land opposite.

 

About 3 years ago he was contacted by the person who owns the house next door (who I don't think has a garden), who asked if his children could play in his field. Grandad said of course that is fine.

 

Recently however Grandad was informed by a relative who still lives down there (Grandad is in his 80's and so is unable to travel to Cornwall very often) that this man has laid down some hardstanding in the field, erected a five bar gate, and is using the land to park vehicles. He had also set up some fencing where he was apparently planning to keep chickens, although has now taken it down.

 

We are worried that the neighbour may be planning to claim some form of squatters rights over the land, and take ownership of it himself. Is there any risk of this? What do people suggest we do?

[Doctoroncall]

Seek legal advice asap.

 

I don't have any experience or knowledge of legal affairs like this, only the story told to me by a neighbour:

 

He has an elderly mother whose garden backs onto the co-op shop in the village where she lives. The co-op decided to build an extention (without permission) and some of it was built on her land (the aircon unit for the chillers I think). That was two to three years ago and there has only just been a resolution (in her favour) after much work.

[Katalinic]

The first thing to do is to find out if what the person telling you is true - probably the only way you can do that is to go and have a look yourself. If it is then you could probably give a deadline to the neighbour via a solicitor to remove and put right any changes made.

 

There is a law to do with claiming land that is registered with the land agency (I assume it is?) - but the occupiers would have to serve you notice I think after 10 years of using and maintaining it, then wait a further 2 years during which time you can legally eject them.

 

If the land is not registered and they have been occupying it for 12 years then you may have problems.

 

Look up "adverse possession" on the net as this should help.

Edited 17 August, 2009 by Katalinic