Using a piece of derelict land that is not my own

ed110220

Behind my garden are fields used for grazing cattle, but between the garden and the fields is a strip of land about 8 m wide which is derelict and had become overgrown in brambles and bindweed to head height. I do not know who owns the land.

The strip continues behind my neighbour's garden too and this year he has taken it upon himself to clear the section behind his garden and plant vegetables there. I have sprayed weedkiller on the bit behind my garden to kill off the weeds and prevent them entering the garden, but I'm thinking about doing the same thing as him.

I realise whoever owns it would be well within their rights to tell me to "get off my land" but is that the worst they could do? I strongly suspect no-one will even notice, let alone object.

Yorkie1

This is the DIY forum.

I suggest you re-post in the House Buying forum, mentioning that you've been redirected there from here.

skivenov

First step is do a land registry search and see if it's registerred to anyone.

If I recall correctly. If it's not registerred, if you fence it off and deny access for two years without challenge, then it's effectively yours.

Instinct says it's a filled in ditch, so probably half yours, half the farmers.

Gloomendoom

Somebody did just that on some land my cousin owns. He didn't notice for several years but by then it was too late. The 'trespasser' was able to successfully claim the land by adverse possession.

It's longer than two years. Seven, I think.

kizkiz

Have a google of guerilla gardening too

keystone

skivenov wrote: »

First step is do a land registry search and see if it's registerred to anyone.

If I recall correctly. If it's not registerred, if you fence it off and deny access for two years without challenge, then it's effectively yours.

Instinct says it's a filled in ditch, so probably half yours, half the farmers.

Gloomendoom wrote: »

Somebody did just that on some land my cousin owns. He didn't notice for several years but by then it was too late. The 'trespasser' was able to successfully claim the land by adverse possession.

It's longer than two years. Seven, I think.

Its ten years (unless the period ended before or during sometime 2003 in which case it was 12) and in order to claim adverse possession you have to prove that a) you used and possessed it exclusively for the whole of that period and b) intention to possess the land during that period. It doesn't matter if its registered or unregistered land - the same applies.

Then you have to get the claim accepted.

Cheers

keystone

Yorkie1 wrote: »

This is the DIY forum.

I suggest you re-post in the House Buying forum, mentioning that you've been redirected there from here.

The aswer as per post 6 [STRIKE]will [/STRIKE] should be the same.

Cheers

ed110220

Thanks for the replies. I was not sure where to post as it didn't seem to fit neatly in any category.

Gloomendoom

Incidentally, somebody tried something similar with my elderly next door neighbour. He returned from a fortnights holiday to find that somebody had annexed the bottom of his (large and a bit unkempt) garden. They had neatly fenced it off and even installed garden furniture and a swing for their children.

Luckily for my neighbour, he noticed with nine years and 50 weeks to spare.

keystone

Can't trust anyone these days - especially the neighbours.

Cheers

Avoriaz

Gloomendoom wrote: »

Incidentally, somebody tried something similar with my elderly next door neighbour. He returned from a fortnights holiday to find that somebody had annexed the bottom of his (large and a bit unkempt) garden. They had neatly fenced it off and even installed garden furniture and a swing for their children.

Luckily for my neighbour, he noticed with nine years and 50 weeks to spare.

Did he tell them to remove their stuff?

Or did he tell them they could buy the land for a sensible price?

Would selling a small part of the garden affect the value of his house? He doesn't appear to need a large garden himself.