Adverse possession stumbling block?

Hi all,

Before June 1999 my family and 2 other shared undivided commonage land.

I rented my share of the commonage land in feb 1999 to someone who didn't actually graze or physically use it. They payed me and I still have the agreement. They withdrew their renting in late 1999.

But in June 1999 a sharing party (through a very dubious and inacurate affidavit) claimed the whole commonage through adverse possession.

Another party who also lost his share successfully challenged in court in 2001 and won. The judge said the adverse possession claim was totally without merit.

Would my renting it in 1999 stand to me now if I pursue our share in court?

If I now try to use the commonage will I be trespassing?

It's hard to advise on a forum without the full facts as every adverse possession situation very much turns on the specific facts of the situation.

However, a couple of basic principles might help you.

First, the limitation for a claim in adverse possession is 12 years, so based on what you say, it would seem that time hasn't run. You used the property up to late 1999 (you were in receipt of rent), so only 11 years has run, on the face of it.

Exclusive use of a property is key to establishing adverse possession. There is a risk that if you don't use it, you will lose title, so using it would be highly recommended. It would then be up to the squatter to prove his title if he wants to remove you. Bear in mind thatv asking for permission from the squatter may be constred as being tantamount to acknowledging his title.

Do get legal advice from a competent solicitor with the full facts specific to your situation. Don't rely on an internet forum for advice relating to something so valuable.

Thanks j26. This forum is good for ideas and my solicitor is on hols for another two weeks

I reckon I'll buy a few sheep, get receipts for their purchase, and let them graze on it for a while and add this evidence into the file when/if we go to court on it...

Photogenic sheep......!