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gingerwelly
Joined: 08 Dec 2005 Posts: 419 Location: Wales ...in cardiff at the mo but from mid wales
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oddballdave
Joined: 08 Mar 2006 Posts: 259 Location: Telford, Shropshire
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Mary-Jane
Joined: 13 Jan 2005 Posts: 18397 Location: The Fishing Strumpet is from Ceredigion in West Wales
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gingerwelly
Joined: 08 Dec 2005 Posts: 419 Location: Wales ...in cardiff at the mo but from mid wales
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dougal
Joined: 15 Jan 2005 Posts: 7184 Location: South Kent
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oddballdave
Joined: 08 Mar 2006 Posts: 259 Location: Telford, Shropshire
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Nick
Joined: 02 Nov 2004 Posts: 34535 Location: Hereford
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Posted: Mon Jul 03, 06 2:19 pm Post subject: |
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I've got a common land issue right now, and my solicitor tells me that normal land, you can claim ownership after 10 years unchallenged occupation/use, but common land cannot, ever, be claimed. It is common, and remains so forever.
My issue is only one of access, however, so, in fairness, I confess we didn't discuss it very deeply. |
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Blue Peter
Joined: 21 Mar 2005 Posts: 2400 Location: Milton Keynes
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dougal
Joined: 15 Jan 2005 Posts: 7184 Location: South Kent
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Posted: Mon Jul 03, 06 3:39 pm Post subject: |
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nickhowe wrote: |
I've got a common land issue right now, and my solicitor tells me that normal land, you can claim ownership after 10 years unchallenged occupation/use, but common land cannot, ever, be claimed. It is common, and remains so forever. |
I wish things were that simple.
See here: (A 2004 House of Lords Law Report)
https://www.bailii.org/uk/cases/UKHL/2004/14.html
at para 5
Quote: |
It is well known that opportunist companies have been buying up the freehold of common land in England and Wales for the sole purpose of extracting money from local residents, who had assumed that they had an established right of vehicular access across the common to their homes as they had been obtaining access in this way without interruption since time immemorial. Public authorities too had been exacting these charges, under pressure from the Treasury |
Ignore the stuff about access. That's what that case was about.
The point that I note is that one can *buy* the freehold of a common.
So, I'd be somewhat dubious of anyone telling me that it can't be gained by AP, unless they cited specific authority to that point.
While I know that I don't know about Common Land, I have reason to be sceptical about the assertion, relayed by nickhowe above.
The particular question posed by Gingerwelly is NOT, yet at least, about Adverse Possession, fascinating subject though that is, with different treatment (and timescales) for registered and unregistered land, the latter recently given a whole new twist by the European Court of Human Rights.
Its about specific rights over a specific piece of land.
For an opionion regarding that, it would be foolish to do other than consult a specialist in this specific area of law, ideally with prior knowledge of the local situation. |
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Mary-Jane
Joined: 13 Jan 2005 Posts: 18397 Location: The Fishing Strumpet is from Ceredigion in West Wales
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dpack
Joined: 02 Jul 2005 Posts: 45377 Location: yes
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