Boundary disputes can be a complex and frustrating experience, particularly when they involve adverse possession. In the UK, the concept of adverse possession allows an individual to acquire ownership of land if they have been in possession of it for a continuous period of 12 years or more. This means that if a neighbour has been using a portion of your land for over 12 years without your permission, they may be able to claim ownership of that land.
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For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the aspects of property disputes and litigation, and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
Understanding the 12-Year Rule
To successfully claim ownership through adverse possession, the following conditions must be met:
- Continuous Possession: The possession must be continuous and uninterrupted for a period of 12 years.
- Adverse Possession: The possession must be adverse to the true owner’s rights, meaning it must be without the owner’s permission or consent.
- Open Possession: The possession must be open and not secretive. This means the true owner should be aware of the possession.
How Adverse Possession Can Impact Boundary Disputes
If a neighbour has been using a portion of your land for over 12 years without your knowledge or permission, they may be able to claim ownership through adverse possession. This can lead to significant boundary disputes, particularly if the land in question is valuable or has significant sentimental value.
Protecting Your Property Rights
To protect your property rights and prevent adverse possession claims, it’s essential to take the following steps:
- Regularly Inspect Your Property: Regularly inspect your property to identify any potential encroachments.
- Communicate with Neighbours: Maintain open communication with your neighbours to address any potential issues promptly.
- Document Boundary Lines: Keep records of your property boundaries, such as land registry documents, surveys, and photographs.
- Take Action Promptly: If you discover an encroachment, take immediate action to resolve the issue.
- Seek Legal Advice: Consult with a solicitor to understand your legal rights and options.
How Blackstone Solicitors Can Help
At Blackstone Solicitors, we have a team of experienced property lawyers who can help you navigate complex boundary disputes involving adverse possession. Our services include:
- Legal Advice: We can provide expert legal advice on your specific situation, including your rights and obligations.
- Negotiation: We can negotiate with the other party to reach a fair settlement.
- Mediation: We can facilitate mediation to resolve the dispute amicably.
- Court Proceedings: If necessary, we can represent you in court to protect your interests.
Preventing Adverse Possession Claims
To prevent adverse possession claims, consider the following:
- Physical Barriers: Erect physical barriers, such as fences or hedges, to mark your property boundaries.
- Regular Use: Use your land regularly to demonstrate ownership.
- Legal Action: If you suspect an adverse possession claim, take legal action to protect your rights.
By understanding the 12-year rule and taking proactive steps to protect your property rights, you can minimize the risk of boundary disputes and ensure the security of your land.
How we can help
We have a proven track record of helping clients deal with property disputes. We will guide you diligently and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting. You can read more about the range of construction law and property litigation services we offer by clicking here: https://blackstonesolicitorsltd.co.uk/construction-solicitors/
How to Contact Our Property Litigation Solicitors
It is important for you to be well informed about the issues and possible implications of a property dispute. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Property Litigation solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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