Page 349 - 2. 2013 New 26-05-21 No Table

• On such an application being made the registered proprietor (and certain other persons interested
in the land) will be notified and given the opportunity to oppose the application.
• If the application is not opposed1, the squatter will be registered as proprietor in place of the
registered proprietor of the land.
• If the application is opposed, it will be rejected unless either:
• it would be unconscionable because of an equity by estoppel for the registered proprietor to seek
to dispossess the squatter and the squatter ought in the circumstances to be registered as proprietor
• the squatter is for some other reason entitled to be registered as proprietor, or
• the squatter has been in adverse possession of land adjacent to their own under the mistaken but
reasonable belief that they are the owner of it, the exact line of the boundary with this adjacent
land has not been determined and the estate to which the application relates was registered more
than a year prior to the date of the application.
• In the event that the application is rejected but the squatter remains in adverse possession for a
further two years, they will then be able, subject to certain exceptions, to reapply to be registered
as proprietor and this time will be so registered whether or not anyone opposes the application.
I By ‘opposed’ we mean that a counter notice is served; see section 8 Giving counter notice to the
registrar in response to notice. Instead, or at the same time, the registered proprietor may object to the
application on the ground that there has not been the necessary 10 years’ adverse possession; see
section 7 Objecting to the squatter’s application for the implications of such an objection.
166,
entitled to sell the goods to you. Whilst considering this please bear in mind that although the notices
allowed entry once Mohammed assumed the rights of the owner by disposing of the property and
selling it, he then arguably became a trespasser. I am not concerned about the damage caused to the
building as you state that this was caused on a previous occasion so I should be able to establish this
from the CPS in my disclosure requests in your defence case statement.
Point (4) I can easily remedy this issue by bringing the photographs with me when I attend your
mother's address near the end of next week. I will confirm the day closer to the time and I am grateful
for your consideration and understanding that I cannot at this stage give you a fixed appointment. As
you are no doubt aware my diary varies from day to day and emergencies do arise.
Point (5) Unfortunately I am only made aware of problems when clients tell me they are unhappy. I
forwarded the correspondence bundle to your mother which demonstrated how much work I have
actually undertaken in your case to date, both during social and unsocial house and even when I have
been on annual leave.
Point (6) I will email the case papers over on the Winchester case under separate email as this is a
separate case.
NEXT ACTION REQUIRED BY YOU:
1. Emails to Benefits Agency re appealing and requesting reinstatement of your Benefits
2. Documentation re negotiations with Enfield Council and confirmation of date when festival will
take place.
3. Receipt from Focus confirming that the gazebo in the back garden of your property was not stolen.
4. List of witnesses present when you purchased the garden furniture
5. Receipt for the garden furniture
I hope that this email clarifies the information that I require.
NEXT ACTION BY MICHAEL CARROLL & CO.
Once I receive the above information, I will email the Crown Court and the CPS and I will request an
urgent application to remove the reporting conditions on the grounds of financial hardship. I will
confirm a visit nearer the end of next week in order that you can see the colour photographs. I will
confirm with the barrister that they are happy to use black and white pictures and if this is the case, I
will give you the colour set. Should you have any further questions then please email me back so that
I can assist you further.
Regards
Josephine
PS Below I have attached some information regarding the law of adverse possession
The new regime – a brief overview