Whose title deeds are they anyway?
As recently as 2004, a judge awarded squatter’s rights to a farmer who had spent 30 years grazing cattle on land belonging to developers. Topplan Estates, owners of the title deeds, had planned to build 500 homes on the 13 acre site in Lancashire - but it all changed when they found themselves having to buy the land again.
Whatever else may change in law, it seems that old legal loophole called “squatter’s rights” just won’t go away.
Adverse possession is a principle of property law, whereby somebody who possesses the land of another for an extended period of time may be able to claim legal title to that land – and change the title deeds.
The person claiming ownership must show that possession is:
Actual
Open and notorious (obvious to the local public)
Exclusive
Hostile (contrary to the title owner's interest)
Under cover of claim or right
All these elements of adverse possession must be met, throughout the statutory period of 12 years, for a claim of ownership to succeed. Conversely, the best defence for the title owner is to prove that one of these criteria has not been met.
With adverse possession, however, the one thing you can’t afford to do is leave it to the courts to decide.
Ask Topplan Estates.
If you’re facing a change of title deeds, come to the experts – Sam Hawking & Co. Call us now on 01639 884884.
