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Q: Claiming Land ( Answered 4 out of 5 stars,   0 Comments )
Question  
Subject: Claiming Land
Category: Miscellaneous
Asked by: haze-ga
List Price: $20.00
Posted: 25 Jun 2002 15:50 PDT
Expires: 25 Jul 2002 15:50 PDT
Question ID: 33182
How long must someone maintain land in England, that doesn't belong to them,
before they can make a valid claim for ownership?
Answer  
Subject: Re: Claiming Land
Answered By: juggler-ga on 25 Jun 2002 16:54 PDT
Rated:4 out of 5 stars
 
Hello.

The legal doctrine of "adverse possession" allows a person occupying
land or buildings as a trespasser to become the legal owner of the
property.

In England, someone making an adverse possession claim must occupy the
land for 12 years.

From the web site of Cumberland Ellis Peirs, Solicitors, London: 
"Adverse possession, or 'squatters rights' to use its more popular
name, has always been a controversial issue. It allows a "squatter" to
be registered as the freehold owner of land which has, until then,
been held by somebody else, if he has occupied the land and used it as
if he is the owner for 12 years or more (sections 15 to 17 of the
Limitation Act 1980)."
http://www.cep-law.co.uk/articles/property/squatters.htm

See this good overview of the law from the Campaign for Planning
Sanity:
http://www.cfps.fsnet.co.uk/reports/ap.htm

See solicitors Hart & Brown's one-page brochure "Can I take land and
not pay for it?" (in pdf format, so you'll need the Adobe Acrobat
reader):
http://www.hartbrown.co.uk/news/pdfs/december_2001.pdf

The Land Registration Act 2002, which is not yet in effect, contains
some procedural changes to the law of adverse possession:
http://www.uk-legislation.hmso.gov.uk/acts/acts2002/20009--k.htm#97

See also opposition to the proposed changes from the Advisory Service
for Squatters:
http://www.squat.freeserve.co.uk/
Specifically, see their article, "Land Registration for the
twenty-first Century?A Response"
http://www.squat.freeserve.co.uk/lawcom.htm

search terms: "adverse possession," "land law," years

I hope this helps. Good luck.

Request for Answer Clarification by haze-ga on 26 Jun 2002 13:02 PDT
The land in dispute is at the front of my mum's house.  She's
maintained it for well over 12 years BUT we know it belongs to the
council.  However, she died last year and we're now trying to sell. 
Does this change things?

Clarification of Answer by juggler-ga on 26 Jun 2002 17:00 PDT
Whether or not an adverse possession claim will succeed in a
particular case is a complex question that depends on whether the
person making the claim can meet the legal requirements of "open,
adverse and exclusive occupation of land, coupled to an intention to
occupy, for a continuous period of twelve years."
http://www.cfps.fsnet.co.uk/reports/ap.htm

You'll probably need to consult with a solicitor who specializes in
land law to determine whether your family is in a position to make an
adverse possession claim.

Good luck.
haze-ga rated this answer:4 out of 5 stars
Very comprehensive answer.  It was my question that was vague!!!!

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