Adverse Possession and Squatters | BlackBeltBarrister
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- Опубликовано: 14 окт 2024
- Can a squatter adversely possess land?
If you watched my first video you will have an idea about how adverse possession works, but here is how it specifically works for a squatter, what is required, and when it cannot work. Adverse possession of land can result in the squatter becoming the new registered proprietor of the estate.
Here's my first video:
• Adverse Possession - H...
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Videos for educational guidance only, Always seek advice before taking action. Videos on my channel are not legal advice and should not be taken as such. I accept no liability for any reliance placed upon the content of these videos or references, therein.
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I was a squatter in the 80's in Brighton, we used to look after buildings unlike others who just ripped out any metalwork and weighed it in.
We saved a few old buildings from being torn down too.
Can you use your platform to get the (now removed by used) best YT video ever back online, please? It features a *#FreeManOnTheLandTard* and this woman calling the police as they're "foraging" and "camping" on some people's land and they're terrified of being hurt by them, but then when the police come to save them they refuse to give their names. The funnies thing ever. Someone must have it.
#metoo. In Winchester.
@@Arcticnickah love Winchester, we ran the interactive kids circus on the green for about 15 years for the Hat Fair.
I bet you did!!
This is fascinating and I'm sure many who have been viewing those channels where people have explored properties 'frozen in time' and left to fall into disrepair over decades will be approaching the explorers and asking about the locations of said properties, just out of hand of course.
Superb, clear video. As always. Thanks sensei.
I remember the City of Bath in the 70's and 80's, many of the Georgian buildings were blackened from decades of pollution, they were so run down both inside and out. There were quite a lot of squatters who at least kept the places heated and lived in, you could often see the cables coming from the windows which were hooked onto the overhead power lines!
Very interesting this one Daniel. As always thanks for taking the time to share your knowledge. ATB.
My pleasure, thanks for watching
Could you please make a video on the admissibility in court of text and social media messages in both criminal and civil cases as supporting evidence for such a case?
My interest is more towards civil cases.
Thank you in anticipation of your making such a video.
👍
Even though this has nothing to do with me, even then I still feel like I have learnt a lot
Very informative and interesting
If the house is abandoned, doors broke and you take adverse possession with the intend to poses the property, change secure the doors, fix up the house and rent it out it’s not against the law, you can’t squat but you can rent it out
you can live there or rent it out, but if the owner comes back to you then those poor tenants will need to be evicted, not really fair on them
@@catgoeskeksquatters are homeless lazy junky losers or thieves. Who cares when it's your home.
I also understand that a way of blocking adverse possession is to grant a licence to the person in possession which would stop the 10 year clock ticking and prevent them from swearing a statutory declaration as one of the requirements is that the squatters do not have consent to be there.
Yes, but i suspect that will require the adverse possessor, to agree to such terms, and sign an agreement, creating a tenancy. Verbal alone may not stop the clock ticking. You would need to prove that the adverse possessor agreed to your terms and as such recognised you as the legal and true owner of the land. such actions would be very difficult and dangerous in the case of unregistered land, and may give a false sense of security to any land owner that they have stopped the clock. In reality the squatter could still apply for adverse possession, and you may never know, if the land registry fails to contact you. You cannot force a licence if they refuse to agree to it, it could make the squatters more comfortable in the matter, as trying to give permission may suggest to them you cannot prove you own the land . it's worth trying, however the only way to truly stop the clock, is getting a possession order, and legally eviting the squatters.
Bit of a tangent, but what's the position on un-occupied housing? Can an owner be forced to sell by an individual (say, neighbour that is concerned an empty property might lead to squatting or illicit behaviour) or a local council? How come we sometimes see vacant properties that have stood empty for years?
Big question, how does the "police crime sentencing and courts act 2022" on trespass impact adverse possession ? I am currently calming a piece of land, and this new law have left allot to be questioned, such as building cabin of parking a caravan.
time and effort and photographs of yearly tree growth i was informed years ago gave a good time value of adverse possession . many times people die with no family existing.
advice was direct from nottingham land chief registrar as my mum typed the old conveyances on to the computer years ago....just recently attempted to reclaim my registered title to be sole proprietor.their legal team reviewed my claim and stated they were not a judicial entitty.i wished to claim it back in to private. so still on with that..quiet interesting as it entales exercising the cestui que vie act .and re-calling the restoration actions by king charles 2nd return from exile in france. we live and learn how aristocrats bluff the plebs.
1660 Restoration of the monarchy
Please direct people in the right way xxx
Thank you great video explains clearly some of the questions I have , I have 2 agricultural fields next to land I own after several searches I cannot find anyone registered as owner with uk land registery , can I take adverse possession / factual possession of the land and what application form do I need to fill in to try and register it in my name , many thanks Tim
I am just about to go into the 65 days of my adverse possession case. Can you give me any advice? What happens after that, please?
Glad I found this video... I would like some information... my grandad owns a house many many years ago Which came with 6 acres of land which was about 3 miles away from the house... the land got forgotten about but he never received anything through about squatters or people trying to aquire the land... his land now had houses built on there.. is it still his land? If knobody contacted him or he never received anything and people trying to aquire the land?
HM Land Registry Practice Guides 4 and 5 free and online gives more detail on this subject.
hi I've found a house its been abanoded for about a year the windows down stairs are all boarded the windows around the back are boarded one of the windows are completely missing with no glass just covered with a board. the grass and hedge growth out side the front of the house and the entire propert is so massive it nearly covers the front of the front garden and back garden. the back garden fences have loads of missing pieces of wood everything is old and clearly not tended to there are no keep out signs and no life what so ever I knocked at the neighbours house he said the owner got sick and left and hasn't returned for nearly a year. I've checked online on the land registry the land is resisted under two peoples names one is not listed on the electra role but one is but only registered to the house in question but again not there and no other contact info is availible and he also he also is old. I want to claim adverse possession on the property can I change the locks and leave a note on the building stating no tresspassing with a contact number just incase someone is in control of the property would this be illegal ?
Hi , I just watched your RUclips video, on adverse possession, you mentioned the same scenario I have a semi detached house and at the side of the house in the garden the council rent it to us for £50.00 per year for the last 40 years they have not done anything to the up keep of it, It had a type of old wardens post outbuilding there which was a hazard which was falling down and being vandalised it backed on to a council park, 2 years ago i asked them to knock it down because I did not want someone to be seriously hurt I have been asking for years to obtain to transfer ownership to me that part of the garden which is registered to the council, they sent me a crazy email to say to pay them £40,000 to buy it, but also added if I was to have the intention to build a house on it they would want 40% overage on the market value of a addition property that's crazy have you any tips advise what I should say to them.
Good one thankyou,
hi i have been looking in to AP and thats becouse i have seen a few empty and smashed up homes ive found one that is registered in a trust and all the windows are smahed i can freely walk round the house as its not been borded up its a shame to see houses like this as so meany ppl are without houses and its should not take so long to get the house as ive looked in to it and i would love to take the home and do it up and live in it as is a shame that no one is looking after it if i was to take AP of the house would i have to live in it or could i chane the locks and board up all the windows and close the house of look after the garden and put a note on the gate thats been ripped off and a phone numer and slowly do the house up till anyone gets hold of me as i have emailed the trust to try get hold of anyone but no ones replied ive done that 3 months ago and the house is still oppen to the cold and wet and to kids vandalising it or woruld i have to live in the house and do it up to see is someone gets hold of me kind regards mr anthony perry
Yeah, I've just finished my 65 days of adverse position. They have rejected me on not enough evidence of I Ve been living here for the period of 10 year but I have proven that I have lived there for 10 years. I Ve got letters and what they said are lies. Can you help me please?
What’s the difference in squatting and trespassing (in terms of law)?
Hi, I've been following your channel and love your videos :) I have a question regarding a second application for AP under section 6. If a valid application under section 6 (remaining in possession of the land for a further two years) is submitted, and not objected to by the paper owner but is objected to by a neibouring party to the land who has no valid claim to the land of their own, will this objection be found groundless? Or do they not need a valid claim to succeed in stopping a valid claim?
Hi james last.
I'm no legal expert, I know naff all about law and wouldn't want to lead you towards a bad outcome, but I think you've answered your own question.
According to the parameters of your question a legit claim has been made, the extra two years is invoked and no legit owner makes a move.
An outside claimant (the neighbour) with no legit status isnt relevant. Because you've held status over said property for 10 years already without being contested. Of course, I'd imagine it's up to you to show you've actually done that in order to have a legit claim. However you said the neighbour has "no legit claim". If that's true, then what are you worried about?
Does the same apply say the government want to take your land for say development as a good friend of mine is a landowner and has just had 17 acres taken off him with 0 financial reimbursement
So what if a company that dissolved 30 years ago ie housing association and for some odd reason is still the registered owner on the land registry wales, then the bank sent a letter saying that they are now your new landlords and you have to pay them directly as the housing association is now dissolved then no further correspondence from the bank after 30 years of being in the property, do i then have a case to get the land registered in my name as the company that is registered no longer exists ?
Interesting, thanks
Sir if there is legal and equitable interest in land is there also legal and equitable estate in land? Or is it just estate in land and that's it ( no legal or equitable in this case)?
Can you claim adverse possession if the owner of the land has died and nobody has come forward
I'm a good friend of Mr Squat. His first name is Diddly.
😅
Hi I have found an abandoned house, the bank is the proprietor for the last 11 years but when contacting the bank and their affiliate companies that deal with repossessions, none seem to have the details on their system, is it safe to go adverse possesion
Regards Tony
If there’s static caravan on land and it’s open can use it as your own if you been use in land 5 years and owner not ever came ?
Do you think we could have a run down of the case law in this area to get an understanding of how courts tend to look at this?
ruclips.net/video/u0FClvr4BOU/видео.html
Hi I wonder if you could help me watched your video on adverse possession .we bought our house over two years ago with extra land on a separate title. The house came with a public path on our land or so we thought, we moved the path to the edge of our boundary line,.The lady who owns the field next to us said it always went through our garden. They said we stole land of them to put a new stock proof fench up .we decided to have a survey done it shows they have our extra land we have the title .we have gone to our house insurance company for help.The barrister wants us to have another survey to cost what land is lost. To see if they will take the case on for us.The survey shows the path is on our extra land the lady has told lies to the council to have it moved.The barrister is a junior he hasn't told us how to proceed with this I have read another about the restrictions with adverse possession our previous owner died in 2017 would this be enough to stop them .They bought the field 8n 1995 ours was 1992 hope you can help
Could do with some info please I’ve been use in land that been on for 5 years use in it to store logs things like that I’ve never had owner turn up in 5 years lands unregistered do I have to wait 10 years ? Plus can they just take all my locks off gate enter the land if owner does turn up ?
I am about to purchase a house, just foubd out the part of the garden and driveway is occupied by the house owner for 16 years but it is under other title owned by previous owner.
do you think it is possible to apply the reverse possession for the small land in the garden by me after i purchase this property?
How without reading every law ever can you definitely know whether something is legal?
What if the property is not registered?
What about squatters who take over a house while it was empty, I heard the owner can’t just go in and throw them out even when the squatters broke in, can you clarify householder rights?
They changed this a couple a years ago I believe, making it a criminal offence to occupy residential houses www.thesheriffsoffice.com/articles/squatting-now-a-criminal-offence
@@yahbless1659 Interesting; cheers
I have found 1.5 acres of unregistered land. I have searched the land registry for the owner and the results returned that no records of an owner exist. Am I correct in assuming this land then has no owner and thus is free for me to claim adverse possession?
land ownership did not have to registered before the 90s,most land bought before this in the UK will have paper deeds to show ownership,kept in cupboards or with family solicitors but it very much owned,nothing will show on the land registry.
U didn’t cover UNREGISTERED LAND!!!
I have a dilemma. There is a parcel of land next to my house, which is owned by the developer/builder of the cul de sac (big national firm). I am conflicted as to whether to start the clock on adverse possession (where the proprietor can simply dismiss or reject after ten years of effort, after notification to them by Land Registry of my claim), or get it measured and valued and make an offer, tipping them off of my interest if they do not sell and I then commence adverse possession, putting my future ten years in jeopardy. Any advice out there?! Thanks in advance.
If it's a parcel next to your house I doubt that adverse possession would be possible. You need to have been in actual possession of it and have an intent to possess for 10 years.
Take it
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Do I file after 10years?
Another interesting video, thanks for sharing.
Would be interested if you've heard of the Common Law (Magna Carta) and Legal Fiction/ Justinian Deception ideas that have been doing the rounds for the last few years and whether there is any weight behind them?
Have you seen a single win in any court based on any of those ideas, the answers no and they are mostly all ineffective
Magna Carta is not the common law, constitutional law is not the common law.. While they are somewhat entwined at times
Yeah but one could say brehon law which is celtic natural law existed here in England before the name England ever existed. Doesn't mean its viable to use in a court or apply generally
@@keithshippey230 near everything has its basis in fiction lol
You look like my mate Paul 👍
😁
I don’t think anyone should be able to “own” land
How can you own something that was here long before us?
Just my opinion
Technically, we don’t, we own an estate - see my other videos 👍
The vatican claim to own the land as they claim they are the doorway to God. I belive they set a legal claim to all land around the 800,s from what books ive read.
Hence people own a house but not the land it sits on... so do you ever own your own property 🤔
Well if you look at the concept of ownership you`ll in fact see its all a fictional construct in essence
most inanimate objects have been here long before us. So i can't own things made of metal?
@@gfuentes8449 the only true ownership of anything is allodium as I understand it, which is occupation and defence. In terms of Wussyboy`s comment on the vatican, I wouldn't listen to much to what they have claimed over time. Which includes all souls on the planet at one point, but I can assure you my soul is my own for example so pffft to the vatican.
Who's on the 'squat' count? 🤔 🤣
TAKE THE LAND! DONT SQUAT... TAKE OWNERSHIP. PROPERTY COMES FROM THE WORD PROPER, THAT WHICH IS RIGHT AND CUMLEY(MEANING PRETTY OR BEAUTIFUL)... SO IF YOU SEE SOME SCRUFFY COUNCIL LAND, TAKE PHOTOS, MOVE IN AND SECURE IT, DO PROPER THINGS ON THE LAND, WORKSHOPS ON PERMACULTURE FOR THE LOCAL COMMUNITY, GROW VEG, KEEP CHICKENS AND DUCKS, SPACES FOR THE HOMELESS.... ETC ETC.. MAKE A REAL VILLAGE! TAKE CAPTAINCY, BECOME THE PROPRIETOR.... YOU ARE THE OWNER, MAKE IT SO LOVELY THEY JUST HAVE TO HAND OVER THE LAND DEEDS. CONFISCATE THE LAND FROM THEM! COMENDEER IT FOR APPROPRIATE USE!.... WHAT DID THE LOCAL COUNCIL DO WITH THE LAND?... NOTHING! HUGE MARQUEE TENTS, WITH FIRE AND FOOD FOR THE HOMELESS! 'GARDENING WITH GRANDAD' WORKSHOPS FOR LOCALS, BUILD A WIND GENNY.... KIDS WEEKEND WORKSHOP. GET CREATIVE, TAKE THE LAND BACK! IT BELONGS TO THE COMMUNITY.FREE FORUM SPACE FOR EVERYONE... DO WHAT A REAL COMMUNITY COUNCIL WOULD DO, BE THE REAL COUNCIL, THIS IS IT FOLKS... WHOS PLANET IS THIS ANYWAY? THEY LOST THEIR RIGHT TO BE ON THE EARTH, SO TAKE IT BACK!TEACH PEOPLE TO MAKE ECO HOMES, BUILD AN EARTH SHIP, STRAW BALE SPACE SHIP... MAKE IT A COMMUNITY SPACE, LAUGH A LOT, TAKE PHOTOS, INVITE THE LOCAL PAPER TO YOUR OPENING DAY.YOU ARE THE LOCAL AUTHORITY.