In UK law, how can someone claim adverse possession of a piece of land?

2014-01-27 12:38 pm
My father owns some land which, for some years, a gypsy has been using for his horses without payment or permission. My father has repeatedly asked him to remove the animals, but to no effect. He has even tried to deter the gypsy by getting the land ploughed, but the gypsy intimidated the contractor, who did not complete the job.

The gypsy, through a solicitor, did at one point, offer to enter into a tenancy agreement (which I think would stand up in a UK court as an admission that he does not own the land?), however the gypsy would not agree to the terms that were acceptable to my father, so no agreement was entered into and no payment made.

My father (an 89-year-old pensioner with very little income) now needs to sell the land but cannot while it is occupied. We are worried that the gypsy may claim 'adverse possession'. We hope that he would not have a case because his occupation has not been unchallenged - is that correct under UK law? We are also worried that if he does make a claim he may be able to get legal aid; again, we are hoping that this might not be the case - an answer on this would also be very welcome.

There is no way that my father can afford a massive legal bill. Any advice you can give on this would be massively appreciated - thank you!

回答 (4)

2014-01-27 2:29 pm
✔ 最佳答案
It depends on whether the land is registered (with the Land Registry) or remains unregistered. It depends on exactly how long the gypsy has been using the land (10 or 12 years being the key period, depending on registration status). It depends on details of land boundaries, and proof of ownership. Above all, it will depend on what evidence your father has of his efforts to remove the gypsy from the land. It is a very complicated issue, and you should get legal advice.
2014-01-27 9:31 pm
You have to get legal advice about this, it is much too complicated to answer on Y!A. For example you haven't said how long the land has been occupied for or whether you father has any evidence that he has told the man to leave.
2014-01-27 10:24 pm
I'm no Lawyer but it's pretty obvious that he is a squatter. Your father should have got the Police to remove him years ago. He cannot claim anything just by being there illegally. Your Father needs to see a Solicitor and get him removed. There is no way this person would get legal aid it is a civil matter. Why did your Dad not make the gates secure as farmers do here to stop this happening. If he broke them down he could be prosecuted for trespass.
Do something about it.
2014-01-28 4:47 am
LOL this has been going on for years, your 89 year old father is too stingy to hire a solicitor and now you are expecting us to give you legal advice free of charge here on YA? Do you even realise that we are not qualified solicitors, we have NO legal knowledge other than common sense?

Why don't you and your 89 year old father also apply for legal aid and let the two solicitors fight it out to the bitter end?

Your father should have kicked out that rotten gypsy many years ago, but due to fear and incompetence he allowed him to stay. All your father had to do was to call the local police and let them forcibly remove the idiot gypsy and his horse. Not you are going to be at the mercy of the courts.

Try your local police and see if they can evict the turd and his horse. if not then go hire a properly qualified solicitor for proper legal advice.


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