Can I claim empty land next to my house?

BobQ

Housebuyer1 wrote: »

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?

If you put a gate in YOUR fence the worst that someone could do is write to you about your intentions to walk over their land.

When you say that you have found out about it by the land registry and that it is up to date, when was the last entry made? If it was 6 months ago the chances are someone is showing an interest in the plot. But if its several years ago you may have an opportunity.

If it was last updated several years ago I would be inclined to chance my arm doing things that do not cost much and see what happens. You may over time establish some rights.

When you say their are overlooking neighbours what actually borders the land plot? If they are across the road they have no real interest.But if they have a border they can do the same as you. Does the owner have any route to the public highway? What could the owner actually use it for?

The gate is a good idea. Its yours and creates a potential route, but to where apart fropm the plot itself?

If the land is not fully enclosed by your boundary and those of others, could you do something to mark the border of the land? Put a couple of fast growing shrubs at the corners or along the side?

The worst that could happen is that the owner digs them out and erects a fence. Or he may ask you what you know about the shrubs (you could deny all knowledge or say you were just making the land a bit nicer to look at but offer to dig them out if its a problem).

Or there may be no reaction at all. If so, turn the shrubs into a more continuous hedge the following year and keep the plot tidy. Or put some small boulders along the edge.

Unless you cause damage (seems unlikely from your description) the worst that you could get is a formal letter to desist or the owner aserting their rights.

I recall a similar issue where a householder without rear car access to his garden noticed that if he drove over a pedestrian path at the rear and a small triangle of unkempt land he could access a road. So he knocked down his garden wall one weekend and cleared the bramble on the triangle on the next one.

The following week a firm turned up and installled concrete posts and a chain link fence around the triangle of land. In 50 years memory the triangle has never had a useful function but the poit was made by the order.

wanting_an_easy_life

Don't forget, the other neighbours may not know you DON'T own it!

Many properties (I've owned one) have land which seems a little detached - the wrong side of a fence or a wall. But it's still your land.......

Often, people will fence part of their land off to make it tidier. It also adds to the kerb appeal if there is a picket fence in front of a small piece of grass for instance.

distinctd

Housebuyer1 wrote: »

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

Then just start a community garden or create a community play area, why must you hoard the land for yourself? There's a crazy obsession with claiming ownership of everything these days. Give the land back to the community, who it really belongs to in the first place.

Don't bother asking permission, just do it, people will have a hard time arguing with you.

lincroft1710

Housebuyer1 wrote: »

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

I hope his less flippant advice has been more accurate.

BobQ

http://www.legalcentre.co.uk/property/guide/adverse-possession-of-land/

This may help.

terrylamps

BobQ wrote: »

http://www.legalcentre.co.uk/property/guide/adverse-possession-of-land/

This may help.

Interesting read. My father in law and a few neighbours extended their gardens into a field that runs at the back of their houses. FIL extended his garden years before the rest. This field can never be built on and the owner hasn't bothered with it in years. Very overgrown etc. My FIL extended his garden back in 1991.

Going of the above it seems that he can apply for adverse possession of the land. He did hear from the owner at the beginning of 2011 (first time since he put the fence up in 1991) and after consulting a solicitor he sent him a recorded letter outlining how long the fence had been up and how he had enjoyed uninterupted use of the land and has proof etc. He hasn't heard anything from the owner since.