Hi guys,I have just been talking with my friend who is having trouble with his new neighbour,the neighbour reckons that my friend as stolen part of his garden after he as checked his deeds after moving in.My friend purcased some land 22yrs ago from a previous neighbour all signed and sealed but apparently it as not been registered with the land registery The new neighbour as started erecting fences to grab the land back and it as gotten nasty with my friend being arrested then de-arrested.It is in the hands of soliciters now but I was wondering if ABERS had any advice.
What I do know is that the Land Registry and their records is not the law.
There are lots of pieces of land all over the country that the Land Registry does not have as registered, or correctly illustrated.
The solicitors will sort it in due course.
When your friend purchased the land did he not settle it with the land registry and perhaps through a solicitor. Who does he think should have arranged for the deeds to be amended? Anyway, as he 'as' put it in the hands of solicitors I think it's best to leave it to them now. If he has something 'signed and sealed' he should be in a pretty good position provided the paperwork is in order.
Does he have any documentation to the sale? if so get it ready and get a solicitor pdq.
If he has no documentation then he is on a sticky wicket and may have to go for adverse possession. Has the land been fenced off and excluded all from use?
Hi cassa333- my understanding of inafix's post is that the matter is already in the hands of solicitors- hence the suggestion of 'wait and see'. Although I agree that as part of this he/she should dig out all the documentation
To get a 100% understanding of his legal stance ect take all documents which are related to the land + get a solicitor to give you the advice you need. Should get the consultation - 1 hour - free of charge & if eligible for legal aid can see again if something such as going to civil court is something being considering. Or citizens advice will be also very helpful to you and is a free of charge to get advice but either make an appointment if possible or call in but be prepared to spend time waiting depending on how busy they are.
Hi inafix- can you confirm whether your friend already has a solicitor acting for him?You said in your posting that it is in the hands of solicitors. I took this to mean that your friend had a solicitor acting for him, but maybe I'm wrong as recent posts are suggesting he looks for a solicitor.
I don't think land registration was compulsory 22 years ago, which would explain why they don't have the details. take all the paperwork to the solicitor.