Western Morning News 24 July 2003

24/07/2003

Question:
I run a large and successful holiday park in South Devon. For many years we have used an area that does not belong to us as an overflow car park. I would now like to develop the area but am concerned that I will be wasting my money if the true owner reappears. What is the law?

Answer:
It sounds as though you have been enjoying adverse possession of this area – sometimes called squatters’ rights. It’s a question of grab it while you can as the law will be changing in respect of registered land in October of this year. At present in certain circumstances after 12 years occupation by the squatter, the true owner loses the right to bring possession proceedings. You do not say how long you have been using the land or exactly how, but if more than 12 years on a continuous basis then you may well have what is called possessory title to the land. Before spending out I suggest you consult a solicitor with your particular facts because the nature of your occupation will be all important.

Question:
I am a partner in an accountancy firm in Plymouth. Next door to us is being developed and frankly the noise is unbearable, meaning we cannot concentrate on our number crunching. Also my female staff are being whistled at as they come to work and have complained to me about it. Is there anything I can do?

Answer:
The short answer is that you do not have to grin and bear the noise and you should take steps to protect your staff from the unwanted abuse. Many people think that developing a site gives them carte blanche to be as noisy as they like provided they operate within the terms of the planning permission. In fact a developer should use all reasonable means to minimise the nuisance to neighbours. If there is a way of doing the work more quietly, even if it would cost more, the developer should consider it and adopt the method if it can be considered as industry best practice. My advice is don’t suffer in silence! As far as the harassment goes in my view you should immediately contact the site manager and if that doesn’t work the local authority. Ultimately if the behaviour was repeated an injunction could be obtained.

Question:
I am the finance director of a company with a number of builders’ merchants. We primarily sell to the trade. From time to time of course we have people who do not pay us. Where the sums we are owed are under £5,000 we tend to conduct the cases in the small claims track ourselves – in fact I represent the company. Do you have any tips for me as to how I can maximise my chances of winning at the hearings?

Answer:
In my view advocacy is a skill that can be learnt and the more you do, the better you get. The most important thing that you should bear in mind is that everything you do should be designed to assist the Judge. Probably the case will have been listed for only 45 minutes and the Judge will have a list of 6 or even 8 cases to hear in the morning or afternoon session. Don’t waste the court’s time. Have all your documents (with copies) readily available and easily identifiable (there is nothing worse than fumbling around your bundle). Don’t turn into Rumpole, keep it short! Explain as succinctly as you can what your case is. If dealing with witnesses, work out beforehand what you want those witnesses to be saying and ask pertinent, directed questions – don’t ramble on or make statements yourself. Lastly, whatever the outcome, remember to be courteous and respectful to everyone in the Court – especially the Judge. Good luck!

Chris Lingard is a Solicitor Advocate and a Partner of Follett Stock solicitors.