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CRT estate manager


emlclcy

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I would think you would be better off speaking to Stuart Mills, he is the property director for C&RT.

Stuart.Mills@canalrivertrust.org.uk

 

Ken

nice one, I've dropped him an email

cheers

carl

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sorry it is on the off side, we had some piling work done recently and has resulted in a strip of 'no mans land' becoming available.

 

I'm not sure I believe that. Chances are, they have piled back to the original boundary and the piece of land has become available to the original owner - the farmer's field for instance

 

Richard

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Depending on the canal and the original act of parliament, although they soon standardised, the canal company owns 6ft from the waters edge, and have a right of access over a further 6ft, as standard, embankments and cuttings extend this right. So if for example your cattle tread down the edge then the canal, their land area increases, a deliberate ploy to stop farmers damaging the banks.Of

course its a legal night mare as each canal is a bit different and there are all sorts of special cases.

Worth checking your own deeds and the ones of the canal act.

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Does anyone know if 15 years is the correct time? I be been told various times from 12 years

It's 12 years before you can apply for adverse possession, the owner is informed (if they ar known) and they have the opportunity to object..

  • Greenie 1
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It's 12 years before you can apply for adverse possession, the owner is informed (if they ar known) and they have the opportunity to object..

 

Thank you. It's no wonder I keep hearing differing times. 10 to 12 years on here.

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The information is all in the links already provided, but there still seems to be some confusion.

The time period for successful Adverse Possession remains at 12 years [60 years against the Crown]. The difference the 2002 Act has made is only in respect of registered land [not all land is registered even today]. With unregistered land you can still complete 12 years unchallenged possession and then lay claim.

An aspiring occupier and possessor of registered land, however, must now file a claim with the Land Registry after 10 years [whereupon they will inform the true owner]. It still does not become yours unless and until another 2 years have gone by without the true owner taking back possession [rather unlikely, unless he cannot be traced].

So 12 years remains the relevant time period for extinguishing another's title and gaining it for yourself.

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It's 12 years before you can apply for adverse possession, the owner is informed (if they ar known) and they have the opportunity to object..

 

It is not that they have the opportunity to object, it is that they have the opportunity to evict the trespasser [readily accomplished when armed with registered title]. Just objecting to an application to the Land Registry by itself does no good whatsoever; if the owner takes no action to evict, then after a further two years their title will be extinguished regardless.

 

It should be noted also, that even an unregistered owner can take the same action to evict a trespasser if they become aware of the situation at any time within the 12 year period. Any such action will "stop the clock". The 2002 Rules ensure that the owner will be forewarned within good time, that such action will be necessary.

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