I’M STAYING HERE,
ASELF-CONFESSED “land pirate” has taken over a patch of land for his own – but the neighbouring farmer is not happy about it and has dumped a load of rotting silage bales to stop him.
Neil Parker, from Cardigan in Ceredigion, said he took “adverse possession” of a small patch of rough land which he considers to be neglected and having had “no evidence of activity for decades”.
Adverse possession is a legal principle whereby a person who does not have legal title can become the owner of land by being in possession of it for long enough to oust the title of the true owner.
In fact, the law states that a squatter can acquire the right to be registered as proprietor of an unregistered estate if they have been in adverse possession of land for a certain length of time. Under the Land Registration Act 2002, squatters can claim ownership if they can show they’ve used the land for 12 years.
Mr Parker, who is in his 60s, said he’d done a lot of research to identify this overgrown site, on the A487 near Tremain, as being available.
“I entered the site, having done extensive research including the land registry which showed all the surrounding properties were registered as normal, but this plot, for whatever reason was not,” he explained.
“Not only was there no evidence of use, but the plot contained one of the worst infestations of Japanese knotweed I have ever seen.”
“You basically have to put yourself on a piece of land and there are various criteria you have to meet according to the Land Registry,” Mr Parker explained.
“You have to stay on the land for 12 years before you can claim it and you have to use it, you have to secure it, you have to show that you’re acting to possess it. The point is if you take adverse possession of a piece of land, the only person who can dislodge you is the genuine owner, somebody who has legal ownership as proved by title deeds.”
After “surreptitiously” clearing the “long overgrown entrance”, Mr Parker set about moving a caravan onto the site. But none too pleased, the neighbouring farmer claimed he owned this particular patch of land and asked Mr Parker to leave immediately. Mr Parker said he would, provided he could show evidence of his ownership.
“Nothing was forthcoming, and I have now been on the site, essentially undisturbed, for nearly a year,” Mr Parker said.
But it is not a harmonious existence, and there is now a stand-off.
The farmer has taken a “more direct, heavy handed approach” and removed Mr Parker’s caravan, car and other property. Mr Parker alleges criminal damage was caused and the farmer also blocked his access by dumping 20 bales of rotten silage.
It took a week for Mr Parker to clear the bales, only for the farmer to turn up and dump some more over the fence.
Dyfed-Powys Police said the force had received a report of theft in the Tremain area on April 6. A spokesman said inquiries were “ongoing”.
Mr Parker said: “If they have no proof of ownership, then I don’t intend to leave. It seems their interest in this land only seems to have been sparked by my presence.”
He added: “It would seem that in the absence of evidence, they think that force and bullying will achieve the desired result.”
Planning laws mean he can’t stay there all the time, but he is allowed to stay for 28 days in a calendar year.
When he’s not at the site, he has a house near Aberaeron.
Mr Parker has essentially used the site for a year, in which time he’s brought a mini Kubota tractor on site to clear the dense overgrowth and set about planting trees. There is an old dilapidated outbuilding on the site.
He has been storing stuff on the site to “demonstrate his usage” but said things were dragged out unceremoniously, despite his car and caravan having wheel clamps fixed.
“I’m going to stay here. As far as I’m concerned, this is bullying tactics. If the farmer had a legal claim on the land, he could easily get me off.
“I’m not there to cause trouble, I’m there to make a reasonable claim.”
The law states that subject to certain exceptions, 12 years’ of adverse possession extinguishes the paper owner’s legal title. At that point, they lose their right to recover possession of the land. The person in possession acquires possessory title, which can be upgraded to absolute title after a further period of 12 years.
Mr Parker said the site was last used for pigs in the 1970s but since then it had been left neglected and abandoned. He claimed the farmer told him that they’d never bothered to register the land because it had no value to them.