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KCC removed fence

A bit of advice if anyone can help please. I own my house and have lived there for 32 years. The bottom of my garden backs on to a small playing field owned by KCC. I have a small 3ft wall across the bottom of the garden behind which is a piece of land approx 5ft deepx 20ft width of my garden. This runs along the back of the row of houses, getting wider as it goes along until its about 15ft deep at the other end. Between this land and the playing field there has always been a typical playing field fence, concrete posts, with metal mesh fencing and barbed wire along the top.This was never maintained and further along from my garden had broken down over the years. but at the bottom of my garden was fine.Two weeks ago contractors appeared on behalf of KCC and took down and removed the fencing and posts all the way along and cleared the land between the old fence and the back of the gardens to incorporate it into the playing field.On questioning, KCC have said that this land is and always has been theirs. My garden is now open at the bottom except for the small wall. but they have left the earth which is about 3/4ft deep. Being as I have enjoyed the protection and security of this fence for over 30 years and have had use of this strip of land (partly compost heap) for this time, do I have any legal rights regarding them securing my garden ?

Comments

  • NAR
    NAR Posts: 4,863 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Your deeds will define your boundary, so sorry but why would KCC have to secure it?
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I’m no lawyer but isn’t there something that basically says if you have used a bit of land for a certain time without challenge then you acquire ownership.

    Got to be worth an investigate.
  • Ems*Honie
    Ems*Honie Posts: 1,448 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    To take this land by adverse possesion you would have to have had it fenced off and maintained by yourself for a number of years (10 or 12 I think) Check out https://www.Gardenlaw.co.uk , they would be able to help you there.
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