Landgrabbing On The Isle Of Man

[Roderick]

Friends of mine bought a house and the guy selling it told them that he had been using a piece of land at the back that actually belonged to a neighbour.

 

He said that if my friend were to continue using the land as if he owned it too he could claim it as being his, once their uses added to 21 years.

 

It seems the neighbour who actually owns the land either might not have been aware that he owned it or perhaps simply didn’t mind someone else using it.

 

This all seems a bit underhand and rather immoral but someone said it is ok to do this. I'm not quite sure about all this and wonder if anyone else has had such an experience.

[Tugger]

I think it's 25 years. It's called "prescription" or "adverse possession"

[thesultanofsheight]

Friends of mine bought a house and the guy selling it told them that he had been using a piece of land at the back that actually belonged to a neighbour.

 

He said that if my friend were to continue using the land as if he owned it too he could claim it as being his, once their uses added to 21 years.

 

It seems the neighbour who actually owns the land either might not have been aware that he owned it or perhaps simply didn’t mind someone else using it.

 

This all seems a bit underhand and rather immoral but someone said it is ok to do this. I'm not quite sure about all this and wonder if anyone else has had such an experience.

 

The words "bull" and "shit" spring to mind.

 

People will say anything to sell a house.

 

I think the legal side is tenuous, and the ethics ....... well .....

[matty]

I'm under the impression that the time is 12 years, however I think it has to be the 'same person' using it for that amount of time.

 

Maybe someone with a legal background could clear this one up.

 

I beleive this type of law has been used in the past when people have claimed ownership of what was a public right of way that has bordered their properties (block off one end of it to make it unuseable, then 12 years later put in a claim for it as it 'hasn't been used').

[Roger Smelly]

Well if the guy had any decent bones in his body he would talk to his neighbour and tell him is it ok to either buy the land from him or be able to use it.

 

People these days need to have some morals, this something for nothing attitude is to be honest with you pathetic.

 

Its somebodys property for f*cksake, in my book its theft.

[RC-Drift.com]

Adverse Possession is 12 years on the mainland but 21 years on the IoM, it's legal and been going on for years

 

...thesultanofsheight, you need to do more research - GOOGLE

[cabbyl ushtey]

A house that we used to live in now has a large parking area opposite which was certainly not on our deeds. Government owned land!

[Lonan3]

It sounds like another law where the letter of it is applied rather more than the spirit.

[stookie]

I had a dispute with an unfriendly neighbour who tried to claim land they 'used' was theirs, even though it was used by me daily. The law is 21 years for sure and if I'm not mistaken this has to happen with the knowledge (and acquiescence) of the real owner.

 

There is also the small matter of proof - how can you prove your use of a piece of land started on a certain date unless properly dated and documented procedures were adopted? I don't see how a photo can be enough as they can be tampered with I would have thought, so something pretty certain would be hard to come by.

[RC-Drift.com]

You're right about the knowledge (and acquiescence) of the real owner, also the land being occupied has to be fenced to prove intent on the part of the adverse possessor

[John Wright]

To establish possessory title you have to occupy land on the Isle of Man for 21 years if the land is in provate ownership.

 

To prove title it used to be a question of filing affidavit evidence in the Deeds Registry. You now file in the Land Registry, who advertise your claim.

 

You do not need to fence, but need to show excusive occupation to the exclusion of the true owner.

 

So building on the land, growing plants, mowing and tending.

 

BUT

 

it must be done "nec clam, nec vis, nec precario"

 

That simply means

 

without secrecy ie occupation on dark nights only so no one will know doesn't work

 

nec vis ie without force, you cannot muscle your way on and then keep everyone off for 21 years

 

nec precario ie without consent. That means without knowledge or acquiesence or consent. If the landowner knows and consents time does not run

[Roderick]

Well if the guy had any decent bones in his body he would talk to his neighbour and tell him is it ok to either buy the land from him or be able to use it.

 

People these days need to have some morals, this something for nothing attitude is to be honest with you pathetic.

 

Its somebodys property for f*cksake, in my book its theft.

 

I think the above just about sums it up for me.

 

One of the things that got me about it all was, when my mate, who I have known for years as a decent bloke, came to tell me about it all, he was really excited and his eyes were flashing sort of and he was determined that he was going to go through with the plan for the next god knows how many years. For a poxy little piece of land. He was like a man in those films that has discovered a secret stash of gold or something. If people do this for a thrill it must be like gambling and is pretty evil if you ask me.