Land conflicts involving inherited land and boundary extensions are common and legally complex. The facts of this case include Barbara’s grandfather, who illegally extended his boundary to unused land belonging to a nearby factory in 2011. The man cultivated the land but later died in 2012, and Barbara, unaware of the extension, inherited the land. The factory is sold to new owners who claim the extended land from Barbara. This essay explores the legal implications and considerations when a landowner extends his/her land boundary to unused land.
Barbara should first conduct due diligence on the property to determine land ownership. Title deeds and entries in the Land Registry determine the ownership and boundaries of land under the UK land law. Barbara should obtain and examine the title deeds of the inherited land and any relevant Land Registry records, including documents, title deeds, testimonies, survey reports, photographs, and any other correspondence that provides the history of the land. This documentation provides crucial information on the boundaries and extensions of the land. It also strengthens Barbara’s arguments in the land dispute.
Barbara will also need a property solicitor to navigate the land law. A Solicitor with expertise in property disputes can help review the available evidence, assess the legal standing of the land extension, and provide guidance on the best course of action. Additionally, a solicitor with a clear familiarity with UK land laws guarantees the protection of Barbara’s rights and interests throughout the process.
Adverse possession is a title acquisition method of real property through active possession for a statutory period under specified conditions. In order to qualify as adverse possessor, the possession must be: open, continuous for the statutory period, for the entirety of the area, adverse to the true owner’s interests, and notorious. If the adverse possessor has these elements within the statutory period, he/she takes the legal and rightful title to the property. Adverse possession encourages the efficient and economical use of land.
In order to claim adverse possession of land, the squatter must prove exclusive possession of the land. The adverse possessor must control the land and actively use it as if he/she were the true owner. Exercising control and authority over land as the true owner is fundamental for adverse possession. This is demonstrated by Barbara and her grandfather, who actively cultivated the land and maintained a garden for over ten years on the extended land.
Adverse possession occurs when the true owner disposes or abandons a land. Dispossession and abandonment of land occur when the original owner ceases using it or abandons or is effectively excluded by the claimant who takes possession. The fact that the original owner is no longer in effective control or possession despite being in the land guarantees adverse possession. The factory occupied the land for years but had abandoned the strip of land next to the home of Barbara’s grandfather, who assumed the land. Barbara can be able to argue that the factory abandoned the land.
The adverse possessor must also demonstrate their intention to occupy the land in the given time, excluding other people, including the true owner. The intention of the adverse possessor, when they took ownership of the land is crucial. The law requires the adverse possessor to acknowledge their intention of excluding the original owner and other people from the land and demonstrate a purpose to hold the land exclusively and independently from anyone else’s claims.
Through the guidelines of a solicitor, Barbara should exploit the law of adverse possession of the land. The law provides that the true owner’s rights of action against a trespasser of land are withdrawn when the land has been in the trespasser’s possession for over 12 years. The squatter is awarded the title of ‘owner’ of the land. Barbara can demonstrate uninterrupted occupation of the extended land since she has been cultivating the extended strip of land since 2012 after her grandfather’s death. This should include documents, photographs, and records showing that the extended land was openly and notoriously used and maintained by her and her grandfather without any challenge or objection from the original landowner. Proving adverse possession can be challenging; hence Barbara should rely on a solicitor to assess the viability of this legal avenue.
Barbara also needs to apply for land registration as the new land owner in the UK land registry. The true owner will be informed of the application and has a right to object. The true owner (quickbuild) will be given two years to begin the legal processes regarding the ejection of the squatter (Barbara). The proprietor can dispute the applicant’s eligibility by proving that they have not been in possession of the land for over ten years. The squatter’s application can also be disputed if the land is subject to a possession order or in current proceedings to obtain a possession order and if the proprietor is subject to a mental disability.
If quickbuild fails to take legal action against Barbara in two years, she will be proclaimed the new owner of the land. According to the Land Registration Act 2002, Barbara is likely to be registered as the new owner if she can prove that she openly, notoriously, and continuously occupied the extended land without objection from the original landowner since 2011.
Barbara should also consider mediation and negotiation before resolving litigation. Mediation and litigation are viable methods of resolving land disputes, provided the parties involved are willing to find a solution. The effectiveness of the process is likely enhanced by guidelines provided by legal professionals who are well-versed in property disputes and resolution. Barbara’s solicitor can advocate the discussions to ensure both parties reach an amicable resolution. This approach is a cost-effective and less contentious way of resolving property disputes.
Conclusion
Specific legal frameworks in the UK govern property disputes. The rightful owner of the extended land will be determined by factors such as evidence, documentation, adverse possession laws, and statutes of limitations. The outcome of Barbara’s situation depends on the applicable laws, the expertise of the chosen solicitor, and the intensity of the supporting evidence of the land extension. Barbara’s interest will be secured, and a fair resolution will be reached by incorporating the services of a legal representative.
Bibliography
Burns F, “Adverse possession and title-by-registration systems in Australia and England.” Melbourne University law review 35, no. 3 (2011): 773-820.
Gardiner B, “Squatters’ rights and adverse possession: A search for equitable application of property laws.” Ind. Int’l & Comp. L. Rev. 8 (1997): 119.
Land Registration Act 2002
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