An agricultural lawyer has warned farmers and landowners up and down the nation to examine Land Registry paperwork to make sure “each inch” of their land is legally registered.
There’s been a development in ‘antagonistic possession’ instances, which might see an individual and not using a authorized land title changing into the proprietor by being in possession of the land in extra of 10 to 12 years.
Hannah Taylor, a senior affiliate at Midlands legislation agency mfg Solicitors, mentioned she has handled a rising variety of instances the place neighbouring landowners have possessed land which doesn’t belong to them, some by rising crops or conserving horses, however have claimed possession by means of antagonistic possession legal guidelines, efficiently convincing the Land Registry to file the land of their title.
Taylor mentioned: “Many farmers and landowners right here within the UK personal lots of of acres of land and a few have misplaced small sections of that land resulting from antagonistic possession legal guidelines, additionally generally often known as ‘squatters rights’.
“While there isn’t any assure that an utility will probably be profitable if somebody has used the land for a selected variety of years, it has precipitated demanding conditions for a rising variety of landowners and pushed appreciable delays on any gross sales, or when remortgaging.
“With the problem gaining an increasing number of profile in recent times, it highlights not solely the significance of checking each inch of boundaries and fencing frequently, but in addition guaranteeing the Land Registry’s information precisely mirror the precise place within the property’s deeds. It sounds easy, but when land is already registered appropriately, it makes it harder for somebody making an antagonistic possession declare.
“Total, antagonistic possession claims from both aspect are vastly advanced and time consuming, with particular steps and procedures which have to be taken as a part of the method. Greater than something, it’s a rising downside which highlights precisely why knowledgeable authorized recommendation ought to be the primary port of name, each proactively and reactively.”