Legal right to claiming unused land if maintained for 5 years

Chuckulina

There is a plot of land in front of our house which appears to belong to no one. Certainly the council vehemently denies owning it and a land search proved fruitless (to be honest I received a response which only a solicitor could decipher no doubt). We have been maintaining this area through cutting back and mowing a small patch of grass in front of mainly brambles for approaching 5 years and have been told that if maintainance had occurred for this period of time by an individual then that individual has a legal right to claiming it. It this true?

DVardysShadow

True, with conditions but longer than 5 years. Things have changed in recent years. Google on 'adverse possession' - UK pages.

neverdespairgirl

I think you're thinking of adverse possession - which is 12 years.

Richard_Webster

I don't know what sort of search you carried out - but you need to do get a plan of the area to 1:1250 scale (your own title plan will do) and then edge red on that plan the area you are concnered about and send it with a SIM search form (downloadable from www,landregistry.gov.uk) to the local Land Registry for your area. That will show if the land is registered or not. If it is regsitered then you can get a copy of the title and find out the name of the owner. Do not then contact that owner.

You would need to fence it within your garden for 12 years so it was obvious that you were claiming possession of it to the "real"" owner if he ever appeared. Simply tidying it is not a sufficiently adverse act as if the "real" owner only "checked it" every few yaers it would not be obvious that someone was trying to claim adverse possession.

If the title is already registered you can claim adverse possession after 10 yaers but the LR then write tot he "real" owner who then has 2 yaers to take proceedings to "evict" you. if he does nothing then at the end of a further 2 yaers you can reapply and normally you would get an absolute title If the title isn't registered you simply apply after 12 years but then you would only get a possessory title because certain technical defences would remain to a "real" owner - you have to wait a further 12 yaers to "upgrade" to absolute.