We’ve talked about the concept of “adverse possession” before, and how the use of land in a certain way, although contradicting the survey or description in Land Registry, might be accepted.
“Might” is the problem I have, and I’d like to look at the worst-case scenario with a situation I had last week, where a right-of-way that is no longer in use could come back to haunt a property owner if the next-door neighbour ever changed his or her mind…
Note that at one point I said “….and informal handshake agreement was written,” when clearly the point was that an agreement was NOT in writing. It was a long day…
But you get the idea here, folks.
The right-of-way hasn’t been exercised in probably 20+ years, but at what point to the laws of “adverse possession” kick in? How long must the owners be using the driveway in its current fashion to negate the right of way?
Five lawyers will give you five different answers.
And that is why I wouldn’t want to be involved with this…
Darren
at 12:38 pm
David,
I love watching your videos but could you please tone down the sound effects in future videos?
Rob Fjord
at 2:49 pm
i rather enjoyed the screaming children effect. well done david.
A Grant
at 8:18 pm
Isn’t that always the risk that comes with buying a semi? Really, you’re always dependent on the goodwill of your neighbour. While not bound by the ins and outs of adverse possession, things like general maintenance, foundation repair and roof replacement depend on the willingness of your neighbour.
Ed
at 12:11 pm
Hi David,
off topic but I had to say it.
re this weeks pick 5.
I know it’s spelled Lambton, I grew up not far from there but I never ever once heard anyone say it like that. We always pronounced it more like Lampton. A hard T, got it, good.
Also did you know the locals call those north of Bloor kNOB’s and south of Bloor, S.O.B.’s.