Can I claim empty land next to my house?

Housebuyer1_2

Hi

Advice or experience appreciated. We've recently moved into a house with its own contained garden. Next to our garden (on one side) is an empty plot of land - roughly the same size as our garden.

It is unkept and, according to our solicitor, owned by a developer who has gone bust. There is a very good quality fence between our garden and the land.

Our solicitor said flippantly, and others have said the same, that if we push the fence down, look after the land, after 7 years it could be ours.

I'm a bit reluctant to do this - as the fence is good it wouldn't be easy, the land is overlooked by other properties, so people would notice and I'm worried this could lead to problems, either with other neighbours or with the ultimate owners (whoever that might be).

That said, it would be amazing to be able to use the land - either to garden for veg - or for our kids.

Has anyone done this or does anyone know the risks. I'd consider buying the land (although probably couldn't afford it) but don't want to alert the ultimate owners to it in case they want to develop.

Would be great to hear any experiences and get advice - thank you.

budgetdiyer

I'm sure there will be others along with the legal side of the advice, but i think i'd be tempted to make an entrance to it through your fence and start maintaining / cutting it and see what response that gets from neighbours etc.

shirlgirl2004

I thought (although I'm happy to be corrected) that you would have to maintain it and have sole use of it. I for example cut the grass next to my house but I know the council would have something to say if I enclosed it into my garden and staked a claim to it.

Davesnave

You would need to remove the fence, then enclose, use and maintain the land unchallenged for 12 years before you could claim adverse possession. You would also need to have evidence that you had done this for that amount of time.

Whether the developer is bust or not they still own it, unless the land has been sold to pay debts. You may be able check who owns it now by checking with whom it is registered at the Land Registry. (Costs about £3.)

Many years ago, I made an entrance into my garden over a small piece of land, put a gate on it and fenced it in, but only after consulting with all the neighbours and sharing this facility with another. I checked at the Land Registry, but the small piece of land wasn't registered with them, so I could only guess that the owners were a housing trust. It takes 20 years to create a right of way, so the neighbour and I have that now, but I've since sold the garden, so I have the right to go nowhere, except onto my remaining 2m2 of concrete!:rotfl:

Housebuyer1_2

Thanks for all the advice. I don't think I want to go down the whole 12 year route - realistically I couldn't fence off all the land etc. But it would be nice to be able to use it - either to play in or plant some veg.

If we just made a small cut through - ie a gate - what's the worst that could happen if anyone took issue?

I can't really ask the neighbours as there is one in a house the other side (who I can ask) but then the plot is overlooked by about 30 (guess) tenants in block of flats.

We found out the developers own it via the land registry and think that's up to date.

Thanks again

Suzy_M

If you want to treat the land as though you own it why not buy it then there'll be no doubt. - Or even offer to rent it!

Housebuyer1_2

I know this sounds silly - but I'm worried they might have 'forgotten' about the land and if I then suggest renting/ buying they'll think of developing. We're in London so land at a premium.

ylesia

Hi there,

I live on a housing estate that is next to a rather large worksite, it had lots of bordering land that was unused. Some of the home owners in the houses that border one edge of the site have increased the size of their gardens by edging into the field and 'claiming' part of the land. This has gone on for 40+ years, obviously I don't know exactly when each house made their claim but I know a lot of them have certainly been like that for more than 15 years (when we started looking at houses here).

Fast forward to now and the entire site has been sold to a developer to build a new housing estate. Every single one of the houses have been 'forced' to return their gardens back to what they should be. I have been to many a meeting about the new development and it was never raised as an 'issue' just a given that the land would be recovered. I don't know how the individuals in questions where 'forced' but the gardens have all been reverted and the development of the site is underway.

So from that experience I think that just claiming it is a dodgy strategy!

G_M

See Land Registry:

Practice Guide 4 –

Adverse possession of registered land


Practice Guide 5 –

Adverse possession of

(1) unregistered land
(2) registered land where a right to be registered was acquired before 13 October 2003

tim123456789

ylesia wrote: »

So from that experience I think that just claiming it is a dodgy strategy!

It's not at all dodgy if you meet the requirements for claiming it

but he doesn't and he won't, for ages and ages

tim

tim123456789

Housebuyer1 wrote: »

I know this sounds silly - but I'm worried they might have 'forgotten' about the land and if I then suggest renting/ buying they'll think of developing. We're in London so land at a premium.

Just occupy it and use it as your own, until they turn up to claim it.

Just be prepared to move off if they do, and don't try to claim that it's yours when you sell on.

tim