A practical guide to claiming ownership of registered land by adverse possession

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  • čas přidán 8. 12. 2021
  • Charles Auld, Barrister at St John's Chambers looks at adverse possession at the pandemic property pitfalls seminar.

Komentáře • 49

  • @ImTristanG
    @ImTristanG Před rokem +3

    Great and very informative talk - thanks for sharing so in depth

  • @hominidaetheodosia
    @hominidaetheodosia Před rokem +3

    Thank you St John’s Chambers.
    I’ve often wondered if people flying the ‘Maltese’ cross have a heart or if they are cold and distant as those connected with power so often are.
    Someone who’s been abused has multiple disabilities is a vulnerable adult and is currently living homeless it’s sort of brings me some comfort that there might be a possible future for me in this world, it’s not nice when the authorities help your abuser to make you homeless and steal your life‘s possessions with zero consequence, and consequently view you as disposable.
    As someone who likes to abide by the law but has noticed that those at the top seldom do with little if any consequence, it’s nice to at least know what it is!

  • @ohdearkaroline
    @ohdearkaroline Před rokem

    Very useful video. Thank you

  • @twogramman8941
    @twogramman8941 Před 2 lety +4

    Whats the action call where you can ask the local council for abandoned / unused council land?

  • @jfilm7466
    @jfilm7466 Před rokem

    Which definitions of the word proprietor are you referring to and from which dictionaries are you getting those definitions from?

  • @ottermill
    @ottermill Před 2 lety +2

    Absolutely fascinating Charles and thank you for being so precise.
    As an addition to the conundrum created you may be interested in another tale.
    I have acquired a registered right of way on land adjacent to a house I own in Eastleigh. I am considering making an application for adverse possession of the said land. If the registered paper owner of the land objects and has 2 years to evict me would it be possible for the registered owner to do that.

    • @Swintech42
      @Swintech42 Před rokem +4

      I am no expert but believe that if you already have a right of way over the land, then you have permission to use that land. You cannot claim AP on land you have permission to use.

    • @ottermill
      @ottermill Před rokem +1

      @@Swintech42 Thanks for the info. This puts things into perspective and is very helpful.

  • @Bornhawk1
    @Bornhawk1 Před rokem +1

    What if the resgistered has title absolute?
    What if its already been left or abandoned for more than 12 years already?
    Anyone?

  • @markrichardson7316
    @markrichardson7316 Před 2 lety +4

    Such an informative talk.
    Is it still possible to register for AP after the statutory 10 years if there is a house on the registered land. The title holder died some years ago and a search for next of kin has proved fruitless.

    • @rossbattaglia8132
      @rossbattaglia8132 Před 11 měsíci

      how did u find title holder???

    • @navboi12
      @navboi12 Před 11 měsíci

      ​@@rossbattaglia8132title holder information is typically disclosed on the corresponding 'proprietorship register'.

    • @BrianandSteph
      @BrianandSteph Před 4 měsíci

      How did this turn out, I’m looking at a similar situation.

  • @user-fm3bx1sz8h
    @user-fm3bx1sz8h Před měsícem

    Exercising my customary rights over a run down lease land for 30 years can someone claim a new title to the land

  • @daza5775
    @daza5775 Před rokem

    I have proven all criterias yet the court's say I will not succeed in my claim what's the point of having adverse possession if the court's aren't upholding the law

  • @rasiahsivakumar754
    @rasiahsivakumar754 Před 9 měsíci +2

    There is derelict house near me ,can I still take adverse possession on it

    • @philipmcluskey6805
      @philipmcluskey6805 Před 2 měsíci

      it's as you were informed. i have seen a few...i'm starting this now. but??? be warned...after what i thought were run down, abandoned properties...i later found some poor old or mentally ill person was living there in terrible conditions. Although...by that process i ended up find which were actually empty

  • @rasiahsivakumar754
    @rasiahsivakumar754 Před 6 měsíci

    What will happen if registered charger object

  • @tomkent4656
    @tomkent4656 Před rokem

    Surely a tenancy agreement would prevent a tenant from claiming adverse possession.

  • @MegaPaddles
    @MegaPaddles Před 4 měsíci

    I have a question if someone can answer it...I recently bought a house but I do not own the front garden only the building and back garden, the previous owner built a fence around the front garden and looked after the property for well over 10years...since then the local authority (the registered owner) hasn't had any interaction with this property since. they don't cut the grass and have not been on the land since the original sale so my question is can I apply for adverse possession to claim the front garden as my own now that I have bought the house or do I need to wait the 10 years in order to apply for possession

    • @kelfbk6
      @kelfbk6 Před 3 měsíci

      I am not a lawyer, but I think I know the answer to your question. You need to use it for the 10 years as your own, and the fact you know it is not your land, you would have to prove you meant to exclude all others including the registered owner

    • @MegaPaddles
      @MegaPaddles Před 3 měsíci

      @@kelfbk6So my partner and i got quite lucky with regards to my front yard....we contacted the local authority who own the front yard about seeking adverse possession and we were informed that they would be more than happy for us to purchase the garden for £1 since the previous owners were the ones who looked after the property for over 15 years and as long as we were happy to pay the legal fees regarding the sale which we have both agreed on and have since acquired the 40 square meters and substantially increased the property value by £15k now that we have the deed to the land

  • @thegoonisgood77
    @thegoonisgood77 Před 2 lety

    how are entitites involved? if someone starts a corporation that has equal rights of participation as a citizen, and that entity was registered to an address, or conducted company business on a property or in an house, then can that entity, using it's rights equal to a citizen, make an application? hopefully not. hopefully only humans. i think entities and fake identities use other systems.

  • @startrack3744
    @startrack3744 Před 2 lety +1

    Outside of photos and statements. What evidence is needed for successful applications?

    • @srahman3398
      @srahman3398 Před 2 lety

      any luck?

    • @startrack3744
      @startrack3744 Před 2 lety

      @@srahman3398 the channel owner has not replied yet

    • @srahman3398
      @srahman3398 Před 2 lety

      What photos and statement did you have ready? I am about to lodge a application myself just wnna make sure ive got everything i need lol.

    • @startrack3744
      @startrack3744 Před 2 lety

      @@srahman3398 we are in the same boat, i havent started. I wanted more specific advice from the channel owner

  • @express375
    @express375 Před 10 měsíci

    propriety estopal, yeah everyone knows that one!?

  • @user-lu6iu9oc7u
    @user-lu6iu9oc7u Před 6 měsíci +1

    No one is telling or teaching how to steal.steali g is someone who tricks you and has harassed you to sighning papers you gave them the property as a gift

  • @TC-qd1zw
    @TC-qd1zw Před 2 lety +6

    This proves the system is bent

    • @markrichardson7316
      @markrichardson7316 Před 2 lety +4

      You don't state exactly what proves the system is bent! Bent implies corrupt to me, but I fail to see how it is corrupt.
      For argument's sake, what would happen to land owned by someone who died and left no heirs?

    • @doooofus
      @doooofus Před rokem +3

      @@markrichardson7316 itd go to the crown. system is bent but not because adverse possession exists lol...

    • @hominidaetheodosia
      @hominidaetheodosia Před rokem

      Well of course the system is bent don’t be so silly what made you think it wasn’t???
      At the end of the day the laws are there to support the people who decide them not the people they apply to.
      Why would the laws do anything but? Just because the people making them virtue signal about justice and wear fancy robes and talk with an upper crust accent doesn’t make them any less criminal or fair.
      it’s just fancy wording that gives the impression of Thanos there is no such thing in law, everyone knows that!
      Why do you think the British rebellions existed, why do you think the dispossessed try to find loopholes?
      If I want Allodial (actual ownership) title fundamentally the only way for me to do that is to defend my land from both the police and the Crown which means the military if I can do that and I stick a flag on it it’s mine and they can bugger of…
      That’s how it works, all the laws are fundamentally enforced by the use of threats of violence and force.
      So it’s the biggest bully on the block wins and it always has been-
      Were you under the illusion that wasn’t the case?
      Fundamentally the system always supports power not poverty always it will always find a way to harm the dispossessed.
      Millions and millions of pounds on spent in the UK every day by NGOs which are essentially linked to government in order to maintain homelessness not solve it but maintain it it’s a necessary part of society to have a human disposal shoot to get rid of the human garbage or anyone who doesn’t fall into line with the system fundamentally it’s a form of social acceptable eugenics.
      This ugly treat is kept away from the beautiful people such as the man in the video and those who are protected and paid for by the system I have nothing against them but if they could see the reality I think their brains would explode.
      Since these people more than anybody seem to think that there is such a thing as justice and law they have no idea that it’s all predicated on lies and at the bottom those lies become incredibly clear and blatant for all to see-
      Fortunately such individuals remain and would never wish to be exposed to such harsh realities if any of them want to come and spend a day with me with a video camera we could make a lovely documentary about how this country is full of corruption but none of them would be interested.
      These people are kept safe from the harsh reality that they are helping to create because they never see the end results of it.

    • @x66Hawk66x
      @x66Hawk66x Před rokem

      The only aspect of this subject that's bent, is the fact crown land enjoys much more protection on this.

  • @BigYehudah
    @BigYehudah Před 2 lety +8

    Why are you telling ppl how to steal?

    • @mileater
      @mileater Před rokem +14

      We are being told the law. Not stealing.

    • @doooofus
      @doooofus Před rokem

      lol stealing GFY, land is one of those goods that is not created by any affect of man's own labour, it never deserved to be privately owned in the first place. the only act(s) of theft was the inclosure acts in the 1600s that took away from the commons in the first place

    • @hominidaetheodosia
      @hominidaetheodosia Před rokem +2

      Perhaps some of the aristocracy realised that the dispossessed peasants still require some human rights??
      Almost seems like an act of compassion quite frankly.
      I mean that used to be what made a person noble!

    • @adrianmargean3402
      @adrianmargean3402 Před rokem +5

      Not stealing if you take and abandoned and derelict property, refurbish it and put it to good use.

    • @stevenwallacebaker9169
      @stevenwallacebaker9169 Před 9 měsíci +3

      @@adrianmargean3402 so you think the law should decide what you can do with your lawfully owned private property?,say you have an overgrown green field which you want to leave uncut and untouched for environmental purposes,someone comes along mows it, puts down concrete hard standings and applies for adverse possession should they get your land? should one persons idea of "good use" overpower another persons idea of "good use" ,do you like the US system where lawns and yards have to be kept to a standard decided by the state or risk repossession or prefer the UK idea of "an English mans home is his castle"