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adverse possession of garage that is part of my property

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adrienne9 | 15:19 Thu 07th Aug 2008 | Property
14 Answers
i purchased a property about 8 years that has deeds that cover a garage that ajoins my property . The neighbours have been using it, it does not join thier property. I'm trying to get them out because the building needs repairs. do i have a right to do this or can they claim adverse possession. My registration of it was about 9 years ago

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If the neighbours were using the garage before you purchased the property and they've never had your permission to do so, they might have a valid claim for adverse possession. See here:
http://www.planningsanity.co.uk/forums/ap/ap.h tm

Chris
If you have the deeds to the garage, then the garage belongs to you. I would ask them to move out, if they are against moving out I would contact a solicitor to get them removed. Remember - if you sell your property you will lose value if sell without a garage. Get them out. Good Luck.
The above answer is wrong and the poster obviously doesn't understand about Adverse Possession.
Refer to Chris' answer at the top.
Question Author
i'd like to add this garage is part of my house . understand if its part of your own house adverse possession is different
Doesn't matter.
The key things are the length of time they've been in there (needs to be at least 10 yrs for registered land), whether they've been doing it without permission and hence in secret. Can't see how this can apply since the thing is right next door to where you are living.
Just ask them to shift their stuff out - it won't make the legal position any different from what it currently is.
You ought to regularise the situation anyway by getting them to sign a simple agreement that you are letting them use the land at no charge until you terminate the agreement - assuming you are happy to continue with the status quo post-repairs.
Question Author
it was stood unused for a long time and just left to rot then he let it to someone so its not exactly him thats in it . i have given the guy in there notice and he asked for evidence of my deeds which i provided. i hung on 3 months .and no-one answered so i gave the guy 14 days to move his stuff out. i didn't know till i checked the deeds that it was mine.i painted the outside as soon as i realised it was mine.
Hmm. So how long ago did he go in there? Prior to you arriving 8 years ago.
Can you get in touch with the people who owned the property before you did and see what their take on it is if you needed to - also check with the solicitor who obught to see what was said when you bought.

Any other occupiers, disputes etc. should have been disclosed and may provide more information about any arrangements in place say between the former owners and yourself.

Can you get a copy of any letting agreement that the guy on the garage says he is on?

If the guy is on a formal letting (albeit from a non-owner) then is he paying money to the neighbour to use your garage? If you can establish this and can successfully negate any claim of adverse possession I'd be interested in looking into this further.

Keep copies of all attempts you have made to get them out (I'd specifically state that he is in your private property without your consent) from as long ago as possible, send letters via recorded mail. If needs be a solicitor should be able to write a simple letter for you relatively cheaply.

Send everything by recorded mail so you have proof of sending and receipt. Trespass could be brought into it.

Could you threaten to change the locks by a certain reasonable time, giving him reasonable access to whatever is in there unless he signs another agreement with you formalising the terms of his occupation?

This is the Land Registry Practice Guide about claims for adverse possession...

http://www1.landregistry.gov.uk/assets/library /documents/lrpg004.pdf

Make sure all your details for contact are correct at the Land Registry so that if the Land Registry receive any application that they can contact you. This is very important!
Question Author
unfortunately previous owners are deceased. Ive owned upstairs on the property for nearly 30 years. I bought the downstairs of the property 8 years ago. I had asked the guy to sell me the garage but he refused. that was when i thought it was his i'd seen him going in there but only about 10 times the door was so bad at one time you could look in but all it had in was rubbish old furniture etc . half of the garage is under the rest of my property and if i lift the floor the replace the floor joists the garage is open to me.
Question Author
the guy hasn't applied for adverse possession but tells me he's had use of it for over 30 years so considers it s now his
some people are just bloody cheeky and your neighbour sounds like one of them. Sounds like he's stolen it. I would get some legal advice, the first session is usually free & at least you'll have a idea from the professionals what the score is.
Just because he's used it doesn't necessarily mean he has a right to claim ownership, there's a lot more to it than that.

He has to prove the various parts of adverse possession - check if it's registered at the Land Registry with a title number or unregistered so you know which law you are looking at, if you're property which includes the garage is registered then it is.
Question Author
the garage is registered as my property on my deeds and these were all registered with the land registry about 8 years ago. the guy who rents the garage will probably not let me have sight of any agreement he has cos he'll be siding with the guy he rents it off. I could get in the garage without breaking in but that may get me in trouble.
adrienne9 you are being far too soft on this issue. If your neighbour think you are soft then obviously he'll try to claim a free garage from you.. Hell no, not without a fight I would say..

The guy is a thief. He hasn't bought it, it's yours yet he is renting it out and making money from YOUR property..

Please call up a property solicitor and ask if the first consultation is free he's tell you what your rights are to it.

I bet there are no written agreements to the letting of your garage so there will be nothing to see anyway. If you told the guy it's yours and you'd rent it to him for 1/2 of what he's paying now I'm sure he'd listen. Just get some legal advice, the citizens advice will also be able to help.. You seriously can't give a piece of your property away like that.

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adverse possession of garage that is part of my property

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