Back to the future: A re-examination of high-rise
Crispin Tomlinson, Head of Residential at DAC Beachcroft, asked the Council on Tall Buildings and Urban Habitat to consider if and how high-rise could be part of a solution to our national housing…
Published 1 September 2015
Developers need certainty when acquiring land that there is no risk of claims from third parties/squatters/trespassers to ownership of the land (adverse possession).
In a recent case the judge accepted part of the land was subject to such claims (a garage) but another part was not (the adjoining area where cars were parked and foliage maintained).
The Claimant tried to argue it had a valid claim because there was a "common character of locality" between the garage and the adjoining land but the judge dismissed it.
Although it failed it is a sobering reminder that you must ensure that a full due diligence is carried out on the site which should include on site inspection, ensuring there are comprehensive replies to enquiries on adverse possession and if necessary provisions in the acquisition contract. Going to court, even if you eventually win, can result in costly delays.