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How long do you have to use land before it becomes yours?

Minimum time requirements – Before any adverse possession application can be considered you must have been using (or in possession of the land) for at least ten years.

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Adverse possession is the process of acquiring land that doesn’t necessarily belong to you. If you have been in possession of land for a certain length of time, you maybe entitled to make an application to the Land Registry to secure rightful ownership of it. Rix & Kay’s dedicated Dispute Resolution team are experts in advising individuals and businesses on their rights to make adverse possession claims and can guide them through every step of the process. The team regularly advise on cases where land is either unregistered altogether or land registered with a neighbour or other third party.

Our adverse possession checklist provides some practical points to consider.

Minimum time requirements – Before any adverse possession application can be considered you must have been using (or in possession of the land) for at least ten years. Depending on whether the land is registered (at HM Land Registry) or unregistered will determine the period of time that is required before an application for adverse possession can be made. It may be possible to use any time that a predecessor in title had in adverse possession to contribute to the total period of time required. This is done by way of a statement to accompany the application. Proof of possession – You need to demonstrate that you have enjoyed uninterrupted factual possession of the land for the minimum time period. In order do show this, you will need to evidence a sufficient degree of exclusive physical control over the land. In general this means that the person in possession must have been dealing with the land as an occupying owner might have been expected to deal with it. Proof or intention – You will also need to prove that you intended to possess the land during the relevant period. In most cases, the factual circumstances of possession will demonstrate intention. However, if you are merely using the land for parking, something extra may be needed to demonstrate an intention to possess, such as enclosure of the land or the erection of car parking signs. Do you have the landowners consent? – If you have consent to use the land from the landowner then it is not possible to acquire the land through an adverse possession claim. Deliberate obstruction of land – You should be careful not to commit a criminal offence in possessing land that does not belong to you and any attempts to deliberately obstruct access to land or block public highways can jeopardise any adverse possession application. Making an application – Once you have established the relevant period, you will need to make an application to the Land Registry. The Land Registry may then write to any neighbouring properties who may have claim to the land. They may also arrange for a surveyor to inspect the land and produce a report. Should any other party wish to object to an application, they will need to make their objection in writing. If the Land Registry considers that an objection may have some merit, the matter can then be referred to the Lands Chamber of the Upper Tribunal for a determination. If you feel that you may have a claim for adverse possession, or alternatively have concerns about an existing application for adverse possession of land that you may have an interest in, please contact us.

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How big can you build without a permit in Florida?

If 47”or less in height, only a Zoning review is needed. If 48” or more in height, engineering plans need to be provided and both a Building and a Zoning review is needed. Residential floor covering installation or removal such as carpet, tile or laminate.

Section 105.1 of the Florida Building Code requires a permit as follows:

105.1 Required.

Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the Building Official and obtain the required permit.

Exception For Certain Mechanical Work

Permits shall not be required for the following mechanical work:

Any portable heating appliance;

Any portable ventilation equipment;

Any portable cooling unit;

Any steam, hot or chilled water piping within any heating or cooling equipment regulated by this Code; Replacement of any part which does not alter its approval or make it unsafe;

Any portable evaporative cooler;

Any self-contained refrigeration system containing 10 lb (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less.

The installation, replacement, removal or metering of any load management control device.

Work Not Requiring a Permit

Permits shall not be required for the following work:

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