Can adverse possession be used on land that IS registered? Adverse possession is normally talked about in terms of finding and claiming land for which there is no registered ownership. Around us, a lot of land is listed as registered by the local council including unused/derelict plots. Can adverse possession or something else apply for land which is registered but apparently forgotten? In other words, by the same process of using and tending to the land can an ownership claim become valid? Or, once land is registered is it then non-claimable in perpetuity?
Yes After 10 years the squatter may apply to become the registered owner The current registered owner may oppose the transfer. If they do, they succeed except (complicated reasons). If they don’t oppose or (complicated reasons) the title is transferred. If the title is not transferred and the squatter remains in occupation, they can reapply in 2 years and will be successful. (complicated reasons) are spelled out in the linked article and are quite ... complicated.
The possession is not adverse during the tenancy, so the clock does not run. If the tenancy contract ends or is violated for [appropriate length depending on location] with no reaction from the landlord, that is grounds for adverse possession.
user662852 has a good point -- whoever own the property has the right to make the rules. Is the property, land+construction in fact your's or does it belong to the HOA who just grant you access as a lease holder? Different states has different rules, but in my state it is illegal to maroon a property and there must be a access to public streets even when this necessitate passing over somebody else land. However that is irrelevant if the HOA owns the land your house is build on. I think you will have to look at your HOA agreement and see what it says.
It could be. You would have to check the specific address here, although not all properties are covered by By-Law 569-2013. This will give you the allowed uses. Picking a random residential-looking location, you might be stopped by §15.20.20.100 of the zoning bylaw, which restricts service shops to being located in non-residential buildings. There are also specific laws about vehicle service shops, which may included a required 3 meter soft landscape perimeter and fence, depending on what is adjacent to the lot.
Is this legal for the county to enforce? Yes. And can I sue if they try to enforce it? You could, but you would very likely lose your lawsuit. A more fruitful approach would be to go to the county planning board and seek a variance to permit you to do what you want to do.
There are a number of rules related to trespassing vegetation, reviewed in Lane v. W.J. Curry &amp; Sons, 92 S.W.3d 355. Virginia law was set in Fancher v. Fagella, 650 S.E.2d 519, that encroaching trees and plants are not nuisances merely because they cast shade, drop leaves, flowers, or fruit, or just because they happen to encroach upon adjoining property either above or below the ground. However, encroaching trees and plants may be regarded as a nuisance when they cause actual harm or pose an imminent danger of actual harm to adjoining property. If so, the owner of the tree or plant may be held responsible for harm caused to [adjoining property], and may also be required to cut back the encroaching branches or roots, assuming the encroaching vegetation constitutes a nuisance. so under the circumstances, you can't make him do anything. However, the court continues that the adjoining landowner may, at his own expense, cut away the encroaching vegetation to the property line whether or not the encroaching vegetation constitutes a nuisance or is otherwise causing harm or possible harm to the adjoining property. You are, however, responsible for damage to the tree caused by such trimming, and you can't trespass onto his property to trim it (fences are often an approximation of property lines)
When selling a residential property in the UK, you normally fill out a form called the TA10 Fittings and Contents Form, which outlines everything in the property included in the sale. This isn't a legal requirement, but your conveyancing solicitor will normally recommend it. Anything else left in the property after the completion of the sale is still, legally, a possession of the previous owner and the new owner is obliged to inform them of these possessions in writing. So, you do have to return it (and most people in such situations do return the possessions without question). However, if the presence of those possessions means you can't be reasonably expected to move into the property, then you can claim compensation from the previous owner for alternative accommodation (i.e. a hotel) until the situation is rectified. Or if the previous owner refuses to collect the possessions, you can likewise claim compensation for the costs of disposing of it. Alternatively, if they do want the possessions back, but take their time getting it, you can charge them fair storage costs.
It is usual for a lease to specify for what purposes and on what notice the landlord is entitled to access. Often there is a provision allowing the landlord access on no notice in an &quot;emergency&quot; which is often not specifically defined. Access for purposes of repair, and for purposes of inspection may be on 24 hours notice, or 48 hours, or some other period, or on &quot;reasonable notice&quot; with no specific period specified. Access for a reasonable purpose (such as inspection) on reasonable notice that does not actually inconvenience the tenant, and that is not demanded with unreasonable frequency will probably not constitute such a breach as to justify ending the tenancy, and may well not justify sizable damages in the absence of other breaches. Much will depend on the wording of the lease or rental agreement, and on the practice of the local courts. One might well ask oneself &quot;what actual harm will an inspection with insufficient notice do me&quot; because a court might ask a similar question if an action is brought. If the inspection does cause a problem, then that should be addressed.