Issue
This prestigious estate contacted us when an owner of property on the estate boundary attempted to claim an area of land belonging to the estate, which the defendant asserted belonged to them. The defendant argued they had occupied this garden and storage land without anyone’s permission, for a number of years.The area of land in dispute had previously been unregistered. The defendant sought to capitalise on what it thought was unowned land, and to argue that it effectively belonged to no one.
The issue came to light when the estate registered the land at HM Land Registry, and served notice on the defendant. Despite the notice, the defendant refused to leave and attempted to claim ownership of the land by adverse possession.
How we helped
We issued proceedings in trespass against the defendant, and were able to undermine the defendant’s claims that they had sufficient standing to obtain the land by virtue of adverse possession.Ultimately, we were able to secure possession of the land, costs, and a sum in mesne profits.
We negotiated this settlement out of court, saving significant time and energy for our client, and avoiding a potentially costly trial.
The dispute was resolved, and our client’s rights of property preserved.
