Land And Access
Our dedicated Rural team have a wealth of experience dealing with land and access disputes for farming businesses and those with land and other rural interests.
From a dispute with your neighbour regarding the boundary of your property, to issues surrounding rights of way, our specialist team have the experience you need to help you resolve your issue.
Adverse possession
Adverse possession requires factual possession of the land which a person has been occupying and maintaining, together with the necessary intention to possess and without the owner’s consent.
The period of adverse possession and occupation required to establish adverse possession differs depending on whether the land is registered or not. For unregistered land, it is 12 years and for registered land, it is 10 years. However, where the land is registered and the adverse possessor has been in occupation for a 12 year period ending before the Land Registration Act 2002 came into force (October 2003), he can apply to become the registered proprietor in place of the owner – this process is known as the transitional provisions.
There are various requirements that need to be satisfied before considering an application and we can assist with assessing the situation, advising you accordingly, making adverse possession applications to the Land Registry or help with resisting such applications by a squatter.
Rural boundary disputes solicitors
Boundary disputes can arise in a number of different ways and over the smallest of strips of land. The issue of boundary disputes is often emotive and can become expensive where opinions are firm.
The boundaries of land are general boundaries only and reference must be made to the deeds in the first instance, with consideration then of whether the boundaries have been altered over the years by adverse possession.
Often the plans attached to deeds will show a different position to that on the ground and neighbouring landowners will need to resolve who is the title owner of which parcel. This may include involving surveyors to examine the position, historical documents and the position on the ground.
There are many presumptions concerning boundaries which include the presumption that where properties are divided by a track, whether public or private, or a stream, the boundary is the centre line of the stream or track.
We act on behalf of a number of landowners either making an application for rectification of the paper title or defending such application. We also deal with disputes between landowners under the Party Wall Act.
Encroachment issues
Encroachment of land can be a common problem for agricultural land owners to deal with especially if their land borders a village or town.
Encroachment of new housing developments or expansion of existing premises into neighbouring farmland can be difficult to spot because the move will often be gradual or not obvious at first glance.
Agricultural landowners need to be vigilant if there are any changes around the borders of their land to check that no encroachment has occurred.
Private rights of way
What many people do not think about is that many properties, particularly in rural areas, may not have legal rights of access with vehicles.
Alternatively, some may find that rights that they believe they have are being obstructed or they are being prevented from using it by the landowner.
We provide advice to landowners and homeowners to review relevant documentation, assess the position in an effort to resolve disputes and where appropriate negotiate the terms of payment for rights of access with vehicles. We can advise you on court proceedings, and where appropriate, on applications for injunctions.
Public rights of way
We advise on public rights of way, footpaths and bridleways, which are important matters for landowners and for those who use the countryside.
We can advise on requests to register public rights of way on the official map, whether it is to support or oppose a request.
Disputes can occur when exercising public rights of way, which are often to do with restrictions on access by the public, and we can deal with any ensuing court proceedings.
Rectification of title
Mistakes sometimes occur in the registration of the paper title which prejudicially affects the registered title. For example, a right of way may not have been recorded correctly, or a parcel of land has been omitted from the plan as was submitted to the Land Registry.
We have substantial experience in assessing such matters and act on behalf of a number of landowners either making an application for rectification of the paper title or defending such an application by a neighbouring landowner.
To speak to our expert Rural Services Solicitors in South Wales, please contact your local JCP Solicitors office. We have offices in the following locations:
If there is not a local office to you, contact us on 03333 208644 as we are happy to arrange telephone and video meetings where appropriate. Alternatively, please feel free to email us at hello@jcpsolicitors.co.uk, fill in our online enquiry form, or use our live web chat facility.