Adverse possession arises when someone makes a claim to a piece of land which is disputed by somebody else who is also claiming ownership.
Cases of adverse possession vary on their facts, from cases of squatting to neighbouring boundary disputes.
Is someone else taking claim to your land?
Adverse possession claims are common in English law and can relate to land that is registered or unregistered. If you are faced with the adverse possession of your land, or if someone else is claiming title to land or property that you feel belongs to you, the specialist commercial property solicitors at Stirling Ackroyd Legal can help you. We will provide straightforward advice based on the facts of your case and explain the evidence that will be needed in support of your claim.
The right time
In cases of adverse possession, time will be of the essence, on both sides of the dispute. If the claimant can show that they have held adverse possession for 10 years (or 12 years in certain circumstances), they will usually be allowed to retain the land or property and even become the registered owner. This means that for the possessor, it is important to try to leave things exactly as they are for as long as possible, because of this qualifying period. However, for the original owner, it is equally important to take steps to remove the possessor as soon as possible to prevent them from claiming title to the land. Both sides should, therefore, seek legal advice at the earliest opportunity when the issue of adverse possession arises.
Aim for an early settlement
Some cases of adverse possession will be heard in court or by the Adjudicator of the Land Registry, however if a settlement can be reached at an earlier stage, this will usually save time and be far more cost effective for everyone involved. Whatever the circumstances, please contact us and we will be very happy to help you.
Enforcement of securities
The enforcement of securities can arise when a borrower is unable to repay a lender, making it necessary to enforce the security that is attached to the loan.
How to reach an agreement
In practice, it is often in the interests of both parties to reach an alternative resolution that does not involve the enforcement of securities, although this may sometimes be inevitable, depending on the circumstances. Corporate workouts or out-of-court restructuring can be applied as an alternative to the enforcement of securities for the financial rescue of companies and can be used in an attempt to avoid bankruptcy.
Things to remember about creditors
The enforcement of securities will vary according to the nature of both lender and borrower. It can apply to large companies going into administration as well as to the repossession of residential properties in cases of mortgage arrears. It is important to remember that different creditors may have different interests which may conflict with one another, so it is important for both lenders and borrowers in situations of arrears to seek legal advice in order to ensure that their interests are protected.
We negotiate for you
Stirling Ackroyd Legal is a leading London law firm offering a wide range of legal services. We can advise on all of the options available and will negotiate on your behalf with the other party to work towards a resolution. In many cases, the enforcement of securities is a last resort and there may be alternative remedies to explore. We can provide advice on all aspects of enforcement, corporate workouts and financial rescue. Whatever the circumstances, please contact us and a member of our expert team will be very happy to help you.
Speak to a Solicitor today
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