Can I claim land behind my house?

darkwarrior

I've tried researching this but it is quite confusing. Behind our house, since before we moved in, is a small patch of land with steps leading down to the street below.

This area is only accessible to our house, the other houses along the street having their own pathway. The land is a triangle shape and only of use to us, but over the decades it has become overgrown and the steps have degraded.

I recently went out to start cutting back the bushes and roots that have overgrown in that time and I'd like to look at making use of it again. Part of that is I'd like to fence the area off to slighty extend the garden and allow us to have a bigger gate.

I've tried searching the land registry for land on our road and the road immediately behind but while it does make mention of both airspace above a house and land adjacent to one of the homes, it doesn't mention this patch.

Our deed only covers the area of our current fencing.

How would I go about investigating this patch of land further plus potentially claiming it so I can develop it?

Thanks for reading.

stator

You need to take posession of the land by putting up a fence around it without the owner's permission. Start tending the land in a neutral way (ie don't remove anything or damage anything that might be wanted by the real owner) Then wait about 12 years and claim adverse possession.

Worst case scenario is that the owner notices your fence and asks you to take it down.

Hoploz

.... And then you'll find out who owns it

Davesnave

The rules regarding adverse possession have changed in recent years so you need to read up on them, but this is the sort of scenario where they can work well, bringing unkempt and essentially worthless patches of land into cultivation again. That's assuming "small" means small; not something sufficient to build a property on!

I'd guess the patch and surrounding land might not be registered, being perhaps in the ownership of the original builder from way back, or the council.

As stator says, you'll need to prove unhindered exclusive use for a period of time before going for adverse possession, which means fences and dated photos, using a newspaper as proof, before and after.

George_Michael

Davesnave wrote: »

which means fences and dated photos, using a newspaper as proof, before and after.

How can a newspaper be of any use in a photograph as proof of a date in the past?


https://www.ijustloveit.co.uk/products/originalpapers/ONPresentationB.aspx?pid=120


A 12 year old newspaper for £35 and I could then put it in a photo to "prove" that I took the picture 12 years ago.

Le_Kirk

I did this some years ago when my wall was blown down by Typhoon Terry Thomas (or some such name) I rebuilt it so as to include more of the green space between the wall and the path. I was able to find the original developers, write to them and the letter came back marked gone away, more research found they had gone bust, so I posted a notice on a nearby lamppost (all with permission of local authority, who declared they had no interest in it) declaring what I was going to do, put an advert I the local press. Nobody complained, it's now mine!

Davesnave

George_Michael wrote: »

How can a newspaper be of any use in a photograph as proof of a date in the past?


https://www.ijustloveit.co.uk/products/originalpapers/ONPresentationB.aspx?pid=120


A 12 year old newspaper for £35 and I could then put it in a photo to "prove" that I took the picture 12 years ago.

On its own it won't, but there is exif data as well, isn't there?

George_Michael

Davesnave wrote: »

On its own it won't, but there is exif data as well, isn't there?

EXIF data can be changed very easily using an EXIF editor (many of which are available to download as freeware).

Davesnave

George_Michael wrote: »

EXIF data can be changed very easily using an EXIF editor (many of which are available to download as freeware).

So, you have a better idea?

When I went for adverse posession I involved a tame solicitor and it cost me very little, but that was back in the day....

I would think a combination of before and after photos should suffice, but the OP must decide for themselves....or listen to your ideas, perhaps.

stator

A few photos would be sufficient. Try to include a tree or something that grows, or a new roof or anything that obviously ages.

Davesnave

stator wrote: »

A few photos would be sufficient. Try to include a tree or something that grows, or a new roof or anything that obviously ages.

A child relative perhaps. Try editing them!