Help! I need to get them off before they steal it

[orqmaw]

i need to get them off !
About 20 yrs ago i bought some land from an old lady,at the same time a new couple moved in near the land and persuaded the old lady to let them park their lorry on an area that i was buying. I agreed to continue the agreement as the sale hinged on me agreeing to this. After about 15 yrs, and the old lady died,subsequently, the couple lied to the land registry in an attempt to register in their name(steal it from me).A caution against first registration was in place and the application failed. They then erected a fence presumably to "enclose" the area and try again to claim it. Could anyone advise me of the correct procedure to get them off as they have ousted two lots of nice neighbours and have an ASBO against them. I have not approached them as they have clearly set out their stall. Any help,other than go see a solicitor would be appreciated

[ummmm]

Have you ever charged them rent for using your land?

[orqmaw]

Hello. When we were friendly he provided me with a load of stone and at the time stated "you can have that as a bit of rent". However in their application to the land registry they claim to have paid rent in the form of a bottle of Bacardi or similar at christmas- to the lady i bought the land off. However nothing formal has taken place.

[ummmm]

I think you're going to need to see a solicitor I'm afraid. I always thought that if rent wasn't charged for a certain period of time it can be claimed. So I'd look into it ASAP...

[orqmaw]

Thanks. My understanding is that they have to enclose the land to exclude the owner for a period of 12 yrs before they are able to claim, hence the fence. I am interested to know the differing legal procedures for those that have paid rent and for those that have not. Whether the fact that they made a stat dec saying that they paid rent to the previous owner after i bought the land would count or not i would like to know. I suspect it is easier to evict if they paid rent. Cant afford a solicitor to do it for me

[redcrx]

but can you afford to lose the land?

of course paying money or in kind to someone that didnt own it doesnt count as rent

[buildersmate]

What land title documents that demonstrate your ownership have you got?

[orqmaw]

Hello. full title registered with the land registry. I registered it when they tried to claim it.

[buildersmate]

Then you have absolutely no worries.
In England & Wales since 2002 (when the law was changed) it is IMPOSSIBLE to lose a piece of land due to someone claiming squatters rights if that land is registered at LR.
The process is that, if any attempt to make a claim over the registered land, the LR will write to the registered owner at the address held and ask whether the claim is valid. You merely need to write back and the matter stops dead.
It is now only with unregistered land that squatters rights can sometimes result in land being claimed by adverse possession.
It may be different in Scotland - I tend not to venture much further north than Watford.

[orqmaw]

thanks. Do you have any knowledge of the procedure by which i can evict them?

[Eve]

This is more for practioners but might help in some more detail...

http://www1.landregis...documents/lrpg004.pdf

The rent issue is important as to the issue of consent of the owner in adverse possession, paying rent to an owner could negate an assertion that the possession was adverse (without the owner's consent) if that makes sense. There is, of course, far more to it than that.

[Eve]

If you can't afford a lawyer, check any insurance policies you have to see if there is any legal expenses insurance cover or try the Citizen's Advice Bureau who might be able to help.

Is there a mortgage on the land?

[orqmaw]

Thanks Jenna. Will look into the insurance angle. There is no mortgage on the land