adverse possession

[karen cruze]

hello I have been renting a small plot of land off a gentleman leaving locally he sadly pass away few years ago I have heard from no one since regarding the plot of land can anyone give me advice maybe from there own experience how I would go about claiming adverse possession or is it even possible
thanks so much

 

[Leo]

Adverse possession requires proof that you took possession of the land without the owner's consent, that certainly isn't the case where rent was being paid.

Seems a little harsh to be seeking to take advantage of the man's demise. His estate have 12 years from the time of his death to recover ownership of any property in adverse possession.

 

[T McGibney]

hello I have been renting a small plot of land off a gentleman leaving locally he sadly pass away few years ago I have heard from no one since regarding the plot of land can anyone give me advice maybe from there own experience how I would go about claiming adverse possession or is it even possible
thanks so much

I frankly think nobody here should assist this person in conspiring to take advantage of the deceased gentleman's successors.

 

[karen cruze]

im not looking to take advantage or conspire i would gladly buy it if i could I have tried to contact his next of kin as far as I can make out he was married in Scotland in the 70s they split up she pass away some years ago they had no children

 

[Rasputin]

First thing you need to establish is if the deceased has any successors, had a will etc., - have you done any of that ? I believe the land registry would need to contact any relevant parties so they can object to your claim.

Agree with the above, that what you are doing sounds nefarious and ultimately will not work, so I wouldn't waste a decade trying to claim something that you have no right to, and save yourself all the time, stress, energy and any money you will need to go down that route.

 

[LS400]

I have heard from no one since regarding the plot of land

From this, its sounds like your waiting to see if there will be any movement on their part.

If you have ACTUALLY tried to make contact with his next of kin these last few years, then the below statement is what's kinda harsh. It cant be left up in the air for ever.

I frankly think nobody here should assist this person in conspiring to take advantage of the deceased gentleman's successors.

There is no mention of how long this arrangement has been going on for, if its historic, or a recent arrangement.

 

[T McGibney]

If you have ACTUALLY tried to make contact with his next of kin these last few years, then the below statement is what's kinda harsh. It cant be left up in the air for ever.

It's none of her business whether it is or not.

 

[Brendan Burgess]

@helen osullivan

1) When did the owner of the piece of land die?
2) Have you been paying rent since his death? If so, to whom?
3) Roughly speaking, how much is the land worth? Do you have the money to buy it?
4) What efforts have you made to contact his estate?

I can see from another thread that you tried to consult a solicitor on an issue. I assume it was this issue?

There are orphan bits of property around the country where no one knows who the owner is. Presumably if someone uses one of these pieces of property for years with no malicious intent, then they have every right to claim adverse possession.

Brendan

 

[Rasputin]

Presumably if someone uses one of these pieces of property for years with no malicious intent, then they have every right to claim adverse possession

Doesn't look like that is the case here, given they are, or were, paying rent ?

 

[karen cruze]

@helen osullivan

1) When did the owner of the piece of land die?
2) Have you been paying rent since his death? If so, to whom?
3) Roughly speaking, how much is the land worth? Do you have the money to buy it?
4) What efforts have you made to contact his estate?

I can see from another thread that you tried to consult a solicitor on an issue. I assume it was this issue?

There are orphan bits of property around the country where no one knows who the owner is. Presumably if someone uses one of these pieces of property for years with no malicious intent, then they have every right to claim adverse possession.

Brendan

the man I payed rent died in 2017 but he didn't own it out right I think he never got it over in his name the last registration on it was back in the 1940s
I would gladly pay the rent for it who to? it was payed fully up to date before the man passed away have receipt I have the rent money put aside for it if any next of kin calls
I have 4 acres of land worth around 10 k or so an acre I would be getting a loan to buy it iv a very good record with my bank
I have made few efforts to contact his estate with no luck
yes my last post was about this issue and hearing back from a solicitor I didn't hear back since or I didn't follow it up any more
thanks brendan

 

[Brendan Burgess]

Keep a record of the attempts you made to find the owner.

It seems to me that you want to continue renting it or you want to buy it.

But if your efforts come to nothing and you are in possession of it for 12 years, I see no reason why you should not claim adverse possession.

It is better that a piece of land be used than to lie unused.

But talk to a solicitor now. Go to another one who will actually return your calls.

She might be able to find the owners or the estate and progress the purchase for you. But if she can't, then she will tell you if there is anything you should be doing now to smooth the claim of adverse possession in 2029.

Brendan

 

[Brendan Burgess]

Doesn't look like that is the case here, given they are, or were, paying rent ?

I am not a lawyer. If you rent a place for x years and then the landlord dies and no one asks you for rent for 12 years, can you claim adverse possession?

 

[Bronte]

hello I have been renting a small plot of land off a gentleman leaving locally he sadly pass away few years ago I have heard from no one since regarding the plot of land can anyone give me advice maybe from there own experience how I would go about claiming adverse possession or is it even possible
thanks so much

The country is littered with adverse possession. A good thing too as there would be unclaimed land or plots all over the place. Establish from a solicitor what you need to do to claim it, generally it’s use plus time.

 

[hfp]

How were you paying the rent, just in cash? Or if you were paying into his bank account did you just stop, or were the payments bounced back by his bank?

 

[Bluecup]

The country is littered with adverse possession. A good thing too as there would be unclaimed land or plots all over the place.

Totally off point but from a biodiversity point of view it would be excellent for the country to have these pockets of wild growth scattered around the country. That idea of land being wasted if its not put to productive use is outdated with the current biodiversity crisis.

 

[karen cruze]

Do you have date and / or location?

@helen osullivan

1) When did the owner of the piece of land die?
2) Have you been paying rent since his death? If so, to whom?
3) Roughly speaking, how much is the land worth? Do you have the money to buy it?
4) What efforts have you made to contact his estate?

I can see from another thread that you tried to consult a solicitor on an issue. I assume it was this issue?

There are orphan bits of property around the country where no one knows who the owner is. Presumably if someone uses one of these pieces of property for years with no malicious intent, then they have every right to claim adverse possession.

Brendan

How were you paying the rent, just in cash? Or if you were paying into his bank account did you just stop, or were the payments bounced back by his bank?

I used to call to him for payment