Inherited house with side garden claimed by someone else

D

Dervla

Guest
My husband inherited a house from a relative. It is a small house but has a side garden that was bought by foreigners more than 25 years ago. My husband tried to contact them through various contacts but apparently they haven't been seen or heard almost the entire 25 years. When his relative was alive she used to plant vegetables and flowers there for years. Now my husband wants to buy the land. Out of the blue the foreigners came on scene and the auctioneer managed to buy the land himself through another party - it is well known that he did this!!. This land has had no rights for planning permission over the years whatsoever so it so useless to anyone else. The person who bought this land is now trying to sell this to my husband but for an outrageous sum.
Does my husband have any rights?
 
You don't have any rights if you establish that all the transactions were above board and legal,after all it was sold years back ! the EA obviously saw an opportunity to make a fast buck ,thats capitalism ! but he wont realize it if you don't buy . Id offer him a sum where he makes a small profit and tell him thats the only offer on the table and stick to it. It could be a waiting game,which you might loose.I would also put off potential buyers by putting up a sign on your property saying you will fight any planning applications and new owners will not be welcomed due to dispute,should send most running ! EA might cave !
 
Thanks Dilly Ducked, I like the idea of the sign - this could definately be a deterent to any buyers although i think there aren't many due to the lack of PP. Do you think that because there has been things grown on this patch of land even presently that there would be some possession rights?
 
get legal advise on the matter you might be intitled to squatters rights
 
As per the above post you should seek legal advice. Your husband's relative may have established adverse possession over the property and the auctioneer may not have title to the property at all...
 
However negotiating with the auctioneer may well invalidate any squattors rights he has so legal advice before dealing with the auctioneer is very important.
 
Is the contested land registered in the registry of deeds office?
If so in whose name and when?
Are there deeds in that persons name and maps attached?
Adverse possesion would have been lost as your relative is now RIP so there claim is dead unless there is someone else alive who was using the property for more than 12 years without paying rent & without the legal owner establishing his rights.
The only solution is to issue proceedings based on the facts of the adverse possesion which seems unlikely or put planning permission in place on the estate to an extent that it would hinder any proposed development of the contested land.

Dont take this the wrong way but if someone had been watching out for the relative this may not have ever come to light.
 
Thanks everyone, you all have some real interestinng points made!!

Hasslehoff, yes the contested land has been registered by the Germans over 20 years ago. They only surfaced shortly after the Aunt died...but the auctioneer through a third party got his claws on it...
The Aunt also planted on the land and when she died my husband's brother in law maintained the place by carrying on planting..She would have done this for at least 18 years and the BIL has been doing it for the past 6 years and is still doing it...
Unfortunately it is well known that PP has been refused numerous times initially by the Germans going back and recently also - there is no PP for even a caravan... the only people to enjoy this land is the owner of the house...
It is pure greed that this guy purchased this tiny strip as nobody could be interested in it!! He knows of our interest but we are holding tight as it is crazy what he seems to be looking for it...
Oh i do believe someone was watching out for the aunt and contacted the Germans when they told us they lost contact details etc...
 
gordongekko said:
Great point just talk to them and see what they want from all this rubbish
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Why bother with all this?

The Aunt also planted on the land and when she died my husband's brother in law maintained the place by carrying on planting..She would have done this for at least 18 years and the BIL has been doing it for the past 6 years and is still doing it...
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Seems to me that the ea wasted his money to be honest.
If its only good for planting and your BIL still does this, then what does it matter who own's it if no-one is objecting to the planting usage?
 
Dervla said:
Thanks Dilly Ducked, I like the idea of the sign - this could definately be a deterent to any buyers although i think there aren't many due to the lack of PP.
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Remember the owner of the land has some options for underhand tactics too, before you go getting into a war.
 
aircobra19 said:
Why bother buying it?
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I absolutely agree. If planning permission has been refused for people before for whatver reason, isn't it unlikely that anyone would want this land? So if the EA approaches you again to buy, politely say "no thanks, we're not interested". He'll soon realise he's after wasting his money and will hopefully come back with a better offer. It will serve him right if he's stuck with land he cant shift - he deserves it after pulling a low stunt like that.
 
Had the auctioneer who bought the land been contacted previously by your husband in relation to buying the land?
 
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