Garden extending

davholla · 25 June 2007 at 3:09PM

At the bottom of my garden there is a fence and about 2 m of waste ground then another fence and a train line. If I remove the fence and cultivate it, will I be to become the owner of this land in a few years ? Or am I breaking the law ?

Debt_Free_Chick · 25 June 2007 at 3:21PM

davholla wrote: »

At the bottom of my garden there is a fence and about 2 m of waste ground then another fence and a train line. If I remove the fence and cultivate it, will I be to become the owner of this land in a few years ?

If the title (legal ownership) to this land has been registered, at the Land Registry, it's unlikely you will ever own it. The main reason for the LR is that it guarantees title (ownership) of land and if an application to register title under Adverse Possession is received by the LR, then they will tell the registered owner and ask them if they have any objections to you taking it over.

If the title has not been registered, then you could possibly own it - but only if you have unencumbered and uninterrupted use of it for 12 or more years.

Here's a guide to the law on Adverse Possession (used to be called "Squatter's Rights) from the Land Registry.

Or am I breaking the law ?

If the land is owned by someone else, you are committing a tresspass. Whether they find out and, if they do, whether they do anything about it is another matter though.

Jonbvn · 25 June 2007 at 3:35PM

This is an interesting subject. I recall recently a guy somewhere in the SE, living like a hermit in the woods was awarded possession based on "Adverse Possession". Apparently the land he now owns is worth millions!