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Neighbour claiming adverse possession

mbywa1mbywa1 Posts: 1
in Problem solving
Hi, my mother and her neighbour have an unregistered track between their houses. It used to be access to a field but no longer acts as this.
 The neighbour uses this for access to their garage, whereas she only uses it for pedestrian access. The neighbour regularly blocks our access by parking their car against our gate (using it as a drive). And they also constructing a fence at the bottom (actually within my hedge without my permission) which they had no right to do seen as the land is unregistered (I have checked this). I believe this is in the aim of claiming adverse possession however I’m not sure how I can prevent this. Bringing up my issues has not worked rather provoked an aggressive response. Any advice as to how I can prevent adverse possession would be much appreciated. 

Posts

  • Hostafan1Hostafan1 Posts: 34,889
    I'd speak to a solicitor
    Devon.
  • DovefromaboveDovefromabove Posts: 88,147
    I agree … your only way forward is to get sound legal advice. 

    If you do not know a solicitor who deals with this sort of matter you can get a list from your local branch of  Citizens Advice Bureau … they usually have some who will give the first hours advice free so you can decide whether you wish 
    to proceed before committing yourself to payment. 

    Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.





  • bcpathomebcpathome Posts: 1,313
    This is a legal matter ,we can only give our opinion here ,and my opinion is to get legal advice before it goes much further 
  • wild edgeswild edges Posts: 10,497
    Have a read of this.  https://www.hughjames.com/blog/adverse-possession-what-is-sufficient-to-prove-exclusive-possession
    It sounds like your neighbour is working on the exclusion principal so you need a clear legal letter to them stating that they need to stop. Otherwise it could be taken that your lack of formal objection gives them the right of ownership.
    If you can keep your head, while those around you are losing theirs, you may not have grasped the seriousness of the situation.
  • nick615nick615 Posts: 1,487
    I'm betting that, with no formal ownership of the driveway and no right of way as e.g. a footpath for public use, it'll fall under the same legal principle of 'riparian rights' whereby owners of the banks of a stream each owns to the middle of the stream.  With Irish law being based on UK law, the same applies over here to unadopted roads with different owners on each side of them, so my opinion's based on that?
  • philippasmith2philippasmith2 Posts: 3,742
    Obviously speaking to your neighbour hasn't worked but I agree with @wild edges in that you need to make clear your concern/complaint in a more formal manner pretty quickly.  Getting legal advice is vital but in the meantime, you could state your objection in the form of a written letter to your neighbour.  If you let things slide, it will inevitably be assumed that you don't have a problem with his/her actions.
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