Legal advice

[coopec]

In which case you just may have a just cause for adverse possession. Free legal advice is worth less than you paid for it - time to pay a solicitor who specialises in land law.

Maybe just do some research before you waste your money getting a Solicitors advice.
(I'm not a solicitor but many years ago I taught Property Law.)

The Queen ultimately owns all land in the UK and therefore Government Bodies can compulsory aquire land for such things as road widening, , building Public Infrastructure etc)

"Eminent Domain (also known as Compulsory Purchase) gives the Crown, or its Government agents, the power to purchase land from the freeholder in the event of necessity. The freeholder has no power to refuse this purchase. Escheat occurs if the freeholder dies without heirs. The property then automatically reverts to the feudal lord who is immediately superior, or in modern parlance – The Crown."

This Land Ain't Your Land (Part 1) - Highland Titles

 

[ashtead]

It would seem to me political pressure is the way to go initially. I am not clear what the council plans are but surely if this is a facility used by disadvantaged youth under the auspices of a charitable body and provides diverse community usage if some fashion with environmental objectives and is home to a rare species of seagull ,seahorse or suchlike it might aid your efforts.

 

[dgadee]

If you havent done it already check with the land registry who actually owns the land. If the council dont own it......

And do a FoI request on ownership docs. I found I had rights over a piece of playpark the council wanted to sell. To take a horse and cart down to collect seaweed.

 

[Jim@sea]

In which case you just may have a just cause for adverse possession. Free legal advice is worth less than you paid for it - time to pay a solicitor who specialises in land law.

If you know that the Council "Gave" you the land (it may not have been theirs to give ) and you have not paid any rent to anybody you should get a Solicitor and perhaps make an application for Adverse Possession. I believe that a claim for Adverse Possession can only be defeated in a Court of Law.
Also go on the Land Registry Web Site and do a detailed search. I have been renting my land since 1983, Then the Council did not have it registered, I recently did a L. R search and on one of the fields I have been renting it is owned by another Local Authority. Sometimes they dont know what the own.
They could just be trying it on with you,
But you need to act quickly and get either a Chartered Surveyor of Solicitor.

 

[Cathy*]

40 years ago our local council gave a water company permission to culvert a stream and create an access to a pumping station and have been charging them for said access ever since. The culvert has now silted up and is causing flooding to a number of houses. A search revealed that the council didn't own the land that they gave the permission for and now no-one wants to take responsibility for the problem. Its creating a stink literally. I would never take at face value claims coming from a local authority.

 

[coopec]

If you know that the Council "Gave" you the land (it may not have been theirs to give ) and you have not paid any rent to anybody you should get a Solicitor and perhaps make an application for Adverse Possession. I believe that a claim for Adverse Possession can only be defeated in a Court of Law.
Also go on the Land Registry Web Site and do a detailed search. I have been renting my land since 1983, Then the Council did not have it registered, I recently did a L. R search and on one of the fields I have been renting it is owned by another Local Authority. Sometimes they dont know what the own.
They could just be trying it on with you,
But you need to act quickly and get either a Chartered Surveyor of Solicitor.

Thanks for that: I think I'm starting to understand it now.

So if a person becomes owner of land through the doctrine of adverse possession that automatically annuls the right of the Crown to Compulsory Land Acquisition?

Is that how it works??

 

[dgadee]

Thanks for that: I think I'm starting to understand it now.

So if a person becomes owner of land through the doctrine of adverse possession that automatically annuls the right of the Crown to Compulsory Land Acquisition?

Is that how it works??

They are two different procedures. Adverse possession is about formalising something you have taken over since it was not being used. That, I think, is the philosophy behind it - ensuring property is utilized. Compulsory purchase is the other way round - taking private property and making it for public benefit.

 

[coopec]

They are two different procedures. Adverse possession is about formalising something you have taken over since it was not being used. That, I think, is the philosophy behind it - ensuring property is utilized. Compulsory purchase is the other way round - taking private property and making it for public benefit.

QUOTE we have been told by the Local council ( the owners of the compound and the same council that gave us the compound )that we have to get all our tractors and caravan out as they need to do some work nearby and there would be a health and safety issue if we don’t. Now this did and did not come as a shock , as we had been given the nod that the council want us out for good so they can redevelop the area.QUOTE

You can't claim ownership by Adverse Possession if you are using the property with the consent of the owner!

What is the point of attempting to take Adverse Possession if the Shire has told them "the council want us out for good so they can redevelop the area". The property is owned by the Shire so they can develop it as they like!

 

[dgadee]

You can't claim ownership by Adverse Possession if you are using the property with the consent of the owner!

What is the point of attempting to take Adverse Possession if the Shire has told them "the council want us out for good so they can redevelop the area". The property is owned by the Shire so they can develop it as they like!

True. But like all these things the law is one thing and the facts on the ground are another. No reason not to clarify your misunderstanding. Don't shoot the messenger.

 

[kieronriley]

thank you very much for all your help and comments . we are now in touch with the council Regeneration officer and she is now looking into what the council can do to help us , so we will as suggested go down this path and see where it goes, and take a different path if and when necessary , so thanks again to one and all. Kieron

 

[LadyInBed]

we are now in touch with the council Regeneration officer

Have you ascertained what the H&S issue is and for what duration the the risk will be?
If it's to people not equipment, leave the equipment on site but don't access the site for the duration!

 

[ashtead]

Hopefully you will find some rare plants or wildlife to support your continued usage .

 

[Stemar]

Hopefully you will find some rare plants or wildlife to support your continued usage .

Great crested newts and pipistrelles are what you need. That'll put the kybosh on any development plans!

 

[Jim@sea]

Maybe just do some research before you waste your money getting a Solicitors advice.
(I'm not a solicitor but many years ago I taught Property Law.)

The Queen ultimately owns all land in the UK and therefore Government Bodies can compulsory aquire land for such things as road widening, , building Public Infrastructure etc)

"Eminent Domain (also known as Compulsory Purchase) gives the Crown, or its Government agents, the power to purchase land from the freeholder in the event of necessity. The freeholder has no power to refuse this purchase. Escheat occurs if the freeholder dies without heirs. The property then automatically reverts to the feudal lord who is immediately superior, or in modern parlance – The Crown."

This Land Ain't Your Land (Part 1) - Highland Titles

Yes I once bought a really good legal book on Adverse Possession, one on Vehicle Rights of Way etc. Commercial Tenancies. I believe in buying the books that Barristers Buy.
And years ago when I was facing a Public Enquiry, having read "Garners Rights of Way" my solicitor took me to see a Barrister and what he told me was exactly what I read in the book I bought.
So get reading.

 

[Jim@sea]

Great crested newts and pipistrelles are what you need. That'll put the kybosh on any development plans!

Although with Great Crested Newts many landowners now know that before they or a developer make a Planning Application the landowner buys some Ducks, who eat Great Crested Newts for lunch and within a few days the Newts are no more.

 

[Jim@sea]

40 years ago our local council gave a water company permission to culvert a stream and create an access to a pumping station and have been charging them for said access ever since. The culvert has now silted up and is causing flooding to a number of houses. A search revealed that the council didn't own the land that they gave the permission for and now no-one wants to take responsibility for the problem. Its creating a stink literally. I would never take at face value claims coming from a local authority.

Yes 50 years ago my land and all the fields on either side sloped very slightly and drained into the river about 1 mile away.
Then on fields they owned the started tipping and as a stream ran through a field they culverted it.
Then it silted up so the water has nowhere to go.
Then 20 years ago they built a dual carriage way over the tip fields.
So all the water which fell on this side of the dual carriage way was diverted onto the fields on this side of the road.
With the result that the brook which runs through my property and the fields on either side of me now flood.
As it happens I sold my place.
The person who I sold it to put in a Planning Application to build some houses. Within his application was a Flood Risk Assessment saying that it was only a 1 in 100 year chance of a flood.
Three days later there was serious flood, everything was 2 foot underwater, Livestock Died.
Landowners dont have rights.

 

[Stemar]

Although with Great Crested Newts many landowners now know that before they or a developer make a Planning Application the landowner buys some Ducks, who eat Great Crested Newts for lunch and within a few days the Newts are no more.

Yes, but once the planning officer knows about them...

Besides you only need to borrow a few long enough for officialdom to see them

 

[dgadee]

Yes I once bought a really good legal book on Adverse Possession, one on Vehicle Rights of Way etc. Commercial Tenancies. I believe in buying the books that Barristers Buy.
And years ago when I was facing a Public Enquiry, having read "Garners Rights of Way" my solicitor took me to see a Barrister and what he told me was exactly what I read in the book I bought.
So get reading.

Old boy in Donaghadee (long dead - Morris Reid I can say without fear) had a library of law books. Caused havoc about the town. Legal aided in all his fights with his poor neighbours (wife had the money). Wouldn't pay a soul - only those who hadn't heard of him would do work. Took over property as he wanted. His house was listed and had been a hotel. In the troubles he took it over through adverse possession. Got a fortune from heritage people. Built houses on part of the land then cut off water supply to the houses he built. Put a fence up on neighbour's land and court gave him half of what he had taken. So, yes, law books can be useful.

 

[kieronriley]

council are still investigating alternatives ?

 

[Norman_E]

We actually have no Lease and so far as I know we have no written agreement and have never received any written communication from the Council

Well it is Murkeyside after all! I was a member of a model engineering society and we had a proper lease of the land for our clubhouse and railway tracks. If your club has no lease you definitely need a lawyer if you are to stop the club being evicted. Now I know two things about solicitors, firstly that most local firms are little more than will writers and conveyancers and are pretty useless in dealing with anything contentious, so you need to make enquiries locally to find out who is any use in dealing with property disputes, and has no council connections including partners who are councillors or brothers of councillors.