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Pearsons & Ward Solicitors in Malton, Yorkshire
Established in 1824, Pearsons & Ward is a specialist, independent firm of solicitors based in Malton. Our wealth of experience and expertise allows us to provide a comprehensive range of legal services to both private individuals and businesses across many diverse sectors. We are committed to providing our clients with professional, clear and practical advice; combined with an efficient and courteous service.
This involves working in partnership with you to resolve any legal issues that you may have. We pride ourselves on our ability to think creatively ensuring any matters are resolved as quickly as possible. We are also clear with our fees and will look to agree a fixed price for the work with you from the outset of a transaction.
The comprehensive range of legal services on offer ensure the firm is a “one-stop shop” for all your legal requirements. We can help you with Wills, Powers of Attorney, Estates & Tax Planning, Family Law, Divorce & Children Matters, Litigation & Dispute Resolution, Employment Advice (including Settlement Agreements), Commercial Property, Corporate & Commercial, Farming & Agricultural Legal Matters, Financial Advice and more.
Our staff work as a team and will look to identify and deal with any additional requirements that you may not have considered. If you are looking for a team of reliable and approachable solicitors who look to go that extra mile when providing legal services, please feel free to contact us - we would be delighted to hear from you.
If someone is occupying land that is registered to you, can they acquire rights over it and successfully apply to be registered as the owner? We are often asked this question by property owners where the boundaries between two properties on the ground do not match what is shown on the plans; sometimes this only becomes apparent where one of the property owners is looking to sell or develop and they then discover that there is an area of disputed land owned by one party but occupied by the neighbour (the squatter).
There are two possible scenarios for registered land: the first is where ‘the squatter’ has been in uninterrupted ‘adverse possession’ of the disputed land for at least 12 years before 13 October 2003. This squatter can apply to be registered as proprietor and must provide evidence of their continuous adverse possession, for example, that they have occupied the land without the true owner’s permission. If the application is successful, the registration of the existing proprietor will be cancelled and the applicant squatter will be registered as proprietor in their place.
The second scenario is where the squatter has enjoyed adverse possession for a continuous period of at least 10 years and some part of that period occurred on or after 13 October 2003. In this situation not only does the squatter have to prove its uninterrupted adverse possession but it also has to meet a set of ‘new’ rules (under the Land Registration Act 2002); the rules are rigorous so that it is now that much harder for a squatter to obtain title to your registered land.
As soon as you discover that someone might be occupying land that is registered to you it is important that you take steps to establish both where the boundary lies and how long the squatter has been in occupation. You should then obtain professional advice on whether and how you can recover possession of the land; this is important as delay may prejudice your ability to recover your property.
For any help and advice regarding this article or any other litigation or dispute matter please contact Johanne Spittle, Director - Litigation & Dispute Resolution at Ware & Kay on York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247 or email .