How to claim squatters rights.
Discussion
ExPat2B said:
I don't want to make money.
If the owner comes back after 9.5 years, I won't consider it a financial loss as it will have kept the value of my house up in the period, and the Value to me of not living next to scum is priceless.
Then surely option 2 on your list is the one to choose, if you don't want to make money. Why is 9.5 years different to 15 to 20 to 30 years if you don't consider it a loss?If the owner comes back after 9.5 years, I won't consider it a financial loss as it will have kept the value of my house up in the period, and the Value to me of not living next to scum is priceless.
If I was you I would make every effort to try and trace the owners possible. If they could not be found I would proceed exactly as you suggest by looking after the house. If nobody turns up after 10 years then unfortunately they will have to pay the idiot tax, you could take your expenses and give the rest away to charity if you genuinely are not looking to profit. (although quite who would leave a house empty and uncared for for 10 years I don't know.)
Better that than have a derelict house in the street attracting all sorts (and looking shit.)
Better that than have a derelict house in the street attracting all sorts (and looking shit.)
ExPat2B said:
becasue after 10-15 years the cost goes through the roof to the point where you could not afford it. I can't DIY and oddjob my way past putting new tiles on a roof, a damp problem, or rotting pipes.
If you're that worried about this house, do what you've said - keep it tidy and move to a better area asap.Or get a few of the local residents together as a pressure group and badger the council daily. Of course that might result in YOU not getting the house, but that's not a problem as you don't want to make money from it.
wolves_wanderer said:
If I was you I would make every effort to try and trace the owners possible. If they could not be found I would proceed exactly as you suggest by looking after the house. If nobody turns up after 10 years then unfortunately they will have to pay the idiot tax, you could take your expenses and give the rest away to charity if you genuinely are not looking to profit. (although quite who would leave a house empty and uncared for for 10 years I don't know.)
Better that than have a derelict house in the street attracting all sorts (and looking shit.)
People are stating "10 years". Anyone got a link to the legislation that allows someone to claim a derelict building after 10 years?Better that than have a derelict house in the street attracting all sorts (and looking shit.)
Well I know that if a house next to me was empty and turning into a shithole, I'd be concerned, especially if the owner didn't give a shit.
An empty rotting boarded up house next door can significantly devalue both your property, and your area, and can also have consequences for the structural integrity of your own home. So to the OP, good luck on ya.
An empty rotting boarded up house next door can significantly devalue both your property, and your area, and can also have consequences for the structural integrity of your own home. So to the OP, good luck on ya.
From Wiki :
In England and Wales, adverse possession has been governed by section 15 of the Limitation Act 1980, since 1 May 1981.[2] The limitation period for the adverse possession of land is 12 years in virtue of Section 15(1).[3]
The position of a registered landowner has been greatly improved since the coming into force of the Land Registration Act 2002. Where land is registered, the adverse possessor may apply to be registered as owner after 10 years of adverse possession and the Land Registry must give notice to the true owner of this application. This gives the land owner a statutory period of time [65 business days] to object to the adverse possession, after which the true owner usually will have a further two years in which to evict the adverse possessor. This effectively prevents the removal of a land owner's right to property without their knowledge.
Where a tenant adversely possess land, there is a presumption that they are doing so in a way that will benefit their landlord at the end of their term. If the land does not belong to their landlord, the land will become part of both the tenancy and the reversion. If the land does belong to their landlord it would seem that it will be gained by the tenant but only for the period of their term. [4]
[edit] Squatter's rights
Adverse possession is sometimes called "squatters' rights". If the squatter abandons the property for a period, or if the rightful owner effectively removes the squatter's access even temporarily during the statutory period, or even gives his permission, the "clock" usually stops. For example, if the required period in a given jurisdiction is twenty years and the squatter is removed after only fifteen years, the squatter loses the benefit of that 15 year possession (i.e., the "clock" is re-set to "zero"
. If that squatter later retakes possession of the property, that squatter must, in order to acquire title, remain on the property for a full twenty years after the date on which the squatter retook possession. In this example, the squatter would have to have held the property for a total of 35 years (the 15 original years plus the 20 later years) to acquire title.
However, one squatter may pass along continuous possession to another squatter, known as "tacking", until the adverse possession period is complete. A lawful owner may also restart the "clock" at "zero" by giving temporary permission for the occupation of the property, thus defeating the necessary "continuous and hostile" element. Evidence that a "squatter" paid rent to the owner would defeat adverse possession for that period.
In England and Wales, adverse possession has been governed by section 15 of the Limitation Act 1980, since 1 May 1981.[2] The limitation period for the adverse possession of land is 12 years in virtue of Section 15(1).[3]
The position of a registered landowner has been greatly improved since the coming into force of the Land Registration Act 2002. Where land is registered, the adverse possessor may apply to be registered as owner after 10 years of adverse possession and the Land Registry must give notice to the true owner of this application. This gives the land owner a statutory period of time [65 business days] to object to the adverse possession, after which the true owner usually will have a further two years in which to evict the adverse possessor. This effectively prevents the removal of a land owner's right to property without their knowledge.
Where a tenant adversely possess land, there is a presumption that they are doing so in a way that will benefit their landlord at the end of their term. If the land does not belong to their landlord, the land will become part of both the tenancy and the reversion. If the land does belong to their landlord it would seem that it will be gained by the tenant but only for the period of their term. [4]
[edit] Squatter's rights
Adverse possession is sometimes called "squatters' rights". If the squatter abandons the property for a period, or if the rightful owner effectively removes the squatter's access even temporarily during the statutory period, or even gives his permission, the "clock" usually stops. For example, if the required period in a given jurisdiction is twenty years and the squatter is removed after only fifteen years, the squatter loses the benefit of that 15 year possession (i.e., the "clock" is re-set to "zero"
. If that squatter later retakes possession of the property, that squatter must, in order to acquire title, remain on the property for a full twenty years after the date on which the squatter retook possession. In this example, the squatter would have to have held the property for a total of 35 years (the 15 original years plus the 20 later years) to acquire title.However, one squatter may pass along continuous possession to another squatter, known as "tacking", until the adverse possession period is complete. A lawful owner may also restart the "clock" at "zero" by giving temporary permission for the occupation of the property, thus defeating the necessary "continuous and hostile" element. Evidence that a "squatter" paid rent to the owner would defeat adverse possession for that period.
Parrot of Doom said:
Well I know that if a house next to me was empty and turning into a shithole, I'd be concerned, especially if the owner didn't give a shit.
An empty rotting boarded up house next door can significantly devalue both your property, and your area, and can also have consequences for the structural integrity of your own home. So to the OP, good luck on ya.
So what would YOU do about it? Try to claim it as your own or doorstep the relevant authority until it was sorted or something else?An empty rotting boarded up house next door can significantly devalue both your property, and your area, and can also have consequences for the structural integrity of your own home. So to the OP, good luck on ya.
ExPat2B said:
From Wiki :
In England and Wales, adverse possession has been governed by section 15 of the Limitation Act 1980, since 1 May 1981.[2] The limitation period for the adverse possession of land is 12 years in virtue of Section 15(1).[3]
The position of a registered landowner has been greatly improved since the coming into force of the Land Registration Act 2002. Where land is registered, the adverse possessor may apply to be registered as owner after 10 years of adverse possession and the Land Registry must give notice to the true owner of this application. This gives the land owner a statutory period of time [65 business days] to object to the adverse possession, after which the true owner usually will have a further two years in which to evict the adverse possessor. This effectively prevents the removal of a land owner's right to property without their knowledge.
Where a tenant adversely possess land, there is a presumption that they are doing so in a way that will benefit their landlord at the end of their term. If the land does not belong to their landlord, the land will become part of both the tenancy and the reversion. If the land does belong to their landlord it would seem that it will be gained by the tenant but only for the period of their term. [4]
[edit] Squatter's rights
Adverse possession is sometimes called "squatters' rights". If the squatter abandons the property for a period, or if the rightful owner effectively removes the squatter's access even temporarily during the statutory period, or even gives his permission, the "clock" usually stops. For example, if the required period in a given jurisdiction is twenty years and the squatter is removed after only fifteen years, the squatter loses the benefit of that 15 year possession (i.e., the "clock" is re-set to "zero". If that squatter later retakes possession of the property, that squatter must, in order to acquire title, remain on the property for a full twenty years after the date on which the squatter retook possession. In this example, the squatter would have to have held the property for a total of 35 years (the 15 original years plus the 20 later years) to acquire title.
However, one squatter may pass along continuous possession to another squatter, known as "tacking", until the adverse possession period is complete. A lawful owner may also restart the "clock" at "zero" by giving temporary permission for the occupation of the property, thus defeating the necessary "continuous and hostile" element. Evidence that a "squatter" paid rent to the owner would defeat adverse possession for that period.
So how are you a tenant or a squatter? As I understand it, you're a neighbour so have no "possession" of the land.In England and Wales, adverse possession has been governed by section 15 of the Limitation Act 1980, since 1 May 1981.[2] The limitation period for the adverse possession of land is 12 years in virtue of Section 15(1).[3]
The position of a registered landowner has been greatly improved since the coming into force of the Land Registration Act 2002. Where land is registered, the adverse possessor may apply to be registered as owner after 10 years of adverse possession and the Land Registry must give notice to the true owner of this application. This gives the land owner a statutory period of time [65 business days] to object to the adverse possession, after which the true owner usually will have a further two years in which to evict the adverse possessor. This effectively prevents the removal of a land owner's right to property without their knowledge.
Where a tenant adversely possess land, there is a presumption that they are doing so in a way that will benefit their landlord at the end of their term. If the land does not belong to their landlord, the land will become part of both the tenancy and the reversion. If the land does belong to their landlord it would seem that it will be gained by the tenant but only for the period of their term. [4]
[edit] Squatter's rights
Adverse possession is sometimes called "squatters' rights". If the squatter abandons the property for a period, or if the rightful owner effectively removes the squatter's access even temporarily during the statutory period, or even gives his permission, the "clock" usually stops. For example, if the required period in a given jurisdiction is twenty years and the squatter is removed after only fifteen years, the squatter loses the benefit of that 15 year possession (i.e., the "clock" is re-set to "zero"
. If that squatter later retakes possession of the property, that squatter must, in order to acquire title, remain on the property for a full twenty years after the date on which the squatter retook possession. In this example, the squatter would have to have held the property for a total of 35 years (the 15 original years plus the 20 later years) to acquire title.However, one squatter may pass along continuous possession to another squatter, known as "tacking", until the adverse possession period is complete. A lawful owner may also restart the "clock" at "zero" by giving temporary permission for the occupation of the property, thus defeating the necessary "continuous and hostile" element. Evidence that a "squatter" paid rent to the owner would defeat adverse possession for that period.
Edit: why not go and talk to a property lawyer about it? Probably cheaper in the long run than the maintenance.
Edited by ewenm on Friday 4th January 15:25
http://www.doncaster.gov.uk/Living_in_Doncaster/Ho...
If only my council was as active as Doncasters !
If you have an empty property in your street that is causing concern, email us on the link provided below, telephone us, or use the e-form below and:
We will visit the property
We will contact the owner and ask their intentions for the property
We will offer advice and assistance to the owner to help bring the property back into use
All necessary action, legal or otherwise, will be taken to return the property into use.
The empty property strategy is currently under review.
Since my council have done none of this, I guess they will take the easy option which is :
Other types of actions available to a Council when dealing with an empty house.
The Authority may also make a Closing order on the property if it is unfit prohibiting it from use from human habitation. This may result in the property becoming boarded up and consequently blighting the area and as such is not always the preferred course of action. (Often used for mid terrace and semi-detached properties.
If only my council was as active as Doncasters !
If you have an empty property in your street that is causing concern, email us on the link provided below, telephone us, or use the e-form below and:
We will visit the property
We will contact the owner and ask their intentions for the property
We will offer advice and assistance to the owner to help bring the property back into use
All necessary action, legal or otherwise, will be taken to return the property into use.
The empty property strategy is currently under review.
Since my council have done none of this, I guess they will take the easy option which is :
Other types of actions available to a Council when dealing with an empty house.
The Authority may also make a Closing order on the property if it is unfit prohibiting it from use from human habitation. This may result in the property becoming boarded up and consequently blighting the area and as such is not always the preferred course of action. (Often used for mid terrace and semi-detached properties.
ExPat2B said:
http://www.doncaster.gov.uk/Living_in_Doncaster/Ho...
If only my council was as active as Doncasters !
If you have an empty property in your street that is causing concern, email us on the link provided below, telephone us, or use the e-form below and:
We will visit the property
We will contact the owner and ask their intentions for the property
We will offer advice and assistance to the owner to help bring the property back into use
All necessary action, legal or otherwise, will be taken to return the property into use.
The empty property strategy is currently under review.
Since my council have done none of this, I guess they will take the easy option which is :
Other types of actions available to a Council when dealing with an empty house.
The Authority may also make a Closing order on the property if it is unfit prohibiting it from use from human habitation. This may result in the property becoming boarded up and consequently blighting the area and as such is not always the preferred course of action. (Often used for mid terrace and semi-detached properties.
are you reading any of the replies or just ignoring them?If only my council was as active as Doncasters !
If you have an empty property in your street that is causing concern, email us on the link provided below, telephone us, or use the e-form below and:
We will visit the property
We will contact the owner and ask their intentions for the property
We will offer advice and assistance to the owner to help bring the property back into use
All necessary action, legal or otherwise, will be taken to return the property into use.
The empty property strategy is currently under review.
Since my council have done none of this, I guess they will take the easy option which is :
Other types of actions available to a Council when dealing with an empty house.
The Authority may also make a Closing order on the property if it is unfit prohibiting it from use from human habitation. This may result in the property becoming boarded up and consequently blighting the area and as such is not always the preferred course of action. (Often used for mid terrace and semi-detached properties.
Its not your house.
So
right of you parasitic worm.Hang on, though. Why dont you move next door compleatly?
If you change the doors, etc so they look like yours, then if the owner did return he would get confused as his old neighbour (you) is living there. He gets confused, forgetful, and goes away.
Meanwhile, you pop back to your previous house (now, of course empty) to make sure no-one has moved in. Or, even better: move in next door, them demolish your (old) house, and build a garage instead. Simple, eh?
Or, keep the house, but construct an intricate mechanism whereby the whole front of the house swings upwards to allow you to drive your car in. Use a Counterbalance weight in the garden, and remove the upper floor so you'll have more room in the house/ "secret" garage. Think Batman/ Walace and Grommit, only in real life
Or, gut your current house remove all floors and dig a deep hole (keep the walls, though) and buy a nuclear ICBM and keep it there. With a false roof, which can slide back to reveal the rocket just before it launches, you could hold the world to ransom.
Just pray the owner doesnt come back before you hatch your evil plans, as the property is not yours and you have no right to it, so you'll have to move back into your garage/secret ICBM launch site
If you change the doors, etc so they look like yours, then if the owner did return he would get confused as his old neighbour (you) is living there. He gets confused, forgetful, and goes away.
Meanwhile, you pop back to your previous house (now, of course empty) to make sure no-one has moved in. Or, even better: move in next door, them demolish your (old) house, and build a garage instead. Simple, eh?
Or, keep the house, but construct an intricate mechanism whereby the whole front of the house swings upwards to allow you to drive your car in. Use a Counterbalance weight in the garden, and remove the upper floor so you'll have more room in the house/ "secret" garage. Think Batman/ Walace and Grommit, only in real life
Or, gut your current house remove all floors and dig a deep hole (keep the walls, though) and buy a nuclear ICBM and keep it there. With a false roof, which can slide back to reveal the rocket just before it launches, you could hold the world to ransom.
Just pray the owner doesnt come back before you hatch your evil plans, as the property is not yours and you have no right to it, so you'll have to move back into your garage/secret ICBM launch site
Plotloss said:
This is a wind up, yes?
Heres a tip, if you want to know everything there is to know about squatters rights, ask in your local 'Christmas Shop' that appears in an empty unit on your local high street next Christmas.
But dont tell em where you live though else on your return your road will have turned into poundshop avenue.Heres a tip, if you want to know everything there is to know about squatters rights, ask in your local 'Christmas Shop' that appears in an empty unit on your local high street next Christmas.
williamp said:
Hang on, though. Why dont you move next door compleatly?
If you change the doors, etc so they look like yours, then if the owner did return he would get confused as his old neighbour (you) is living there. He gets confused, forgetful, and goes away.
Meanwhile, you pop back to your previous house (now, of course empty) to make sure no-one has moved in. Or, even better: move in next door, them demolish your (old) house, and build a garage instead. Simple, eh?
Or, keep the house, but construct an intricate mechanism whereby the whole front of the house swings upwards to allow you to drive your car in. Use a Counterbalance weight in the garden, and remove the upper floor so you'll have more room in the house/ "secret" garage. Think Batman/ Walace and Grommit, only in real life
Or, gut your current house remove all floors and dig a deep hole (keep the walls, though) and buy a nuclear ICBM and keep it there. With a false roof, which can slide back to reveal the rocket just before it launches, you could hold the world to ransom.
Just pray the owner doesnt come back before you hatch your evil plans, as the property is not yours and you have no right to it, so you'll have to move back into your garage/secret ICBM launch site
If you change the doors, etc so they look like yours, then if the owner did return he would get confused as his old neighbour (you) is living there. He gets confused, forgetful, and goes away.
Meanwhile, you pop back to your previous house (now, of course empty) to make sure no-one has moved in. Or, even better: move in next door, them demolish your (old) house, and build a garage instead. Simple, eh?
Or, keep the house, but construct an intricate mechanism whereby the whole front of the house swings upwards to allow you to drive your car in. Use a Counterbalance weight in the garden, and remove the upper floor so you'll have more room in the house/ "secret" garage. Think Batman/ Walace and Grommit, only in real life
Or, gut your current house remove all floors and dig a deep hole (keep the walls, though) and buy a nuclear ICBM and keep it there. With a false roof, which can slide back to reveal the rocket just before it launches, you could hold the world to ransom.
Just pray the owner doesnt come back before you hatch your evil plans, as the property is not yours and you have no right to it, so you'll have to move back into your garage/secret ICBM launch site
Walking down the street, see a fifty pound note, pick it up.....no name on it...surprise surprise, take a look around, no-one looking for it, stick note in pocket and walk off.
Same thing isn't it?
He's found a house, can't find who owns it?
I'm not saying squatting is the answer, but there may be other ways to acquire it if no-one owns it?
Same thing isn't it?
He's found a house, can't find who owns it?
I'm not saying squatting is the answer, but there may be other ways to acquire it if no-one owns it?
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