Claiming land?

CM1978

Hi guys,

When we moved into our property there was an area of unused land at the rear of our garden. It used to be an alleyway that run the length of all of the gardens which allowed access to a communal drive way. The neighbours either side of us have obviously claimed their land because their gardens extend all the way back including this land meaning ours is about 5 feet shorter. The land was kind of utilised by the elderly couple that lived here previously because there is an old potting shed and other bits with a gate leading to it from our back fence. Now overgrown it is just sitting their wasted.

We want to re-fence our back garden and would like to include this within the confines. I know that the land is definitely not ours as it is not listed on the deeds. I have also checked the land registry website and you cannot zoom in enough to be able to see if the land is owned by anyone else. In fact nothing is listed, but on the deeds this vacant area is visible outside of our boundaries.

How do we go about claiming this land? What is the process?

We could just clear it and fence it off as our neighbours have done, but we want to firstly see if it can be done properly to save running into issues down the line.

Thanks for any help.

Thrugelmir

Starting point seems to be to ask your neighbours.

Davesnave

CM1978 wrote: »

How do we go about claiming this land? What is the process?

We could just clear it and fence it off as our neighbours have done, but we want to firstly see if it can be done properly to save running into issues down the line.

Thanks for any help.

To claim the land you have to go through the process of claiming adverse possession. You may already have accidentally started this, if your neighbours' fencing-off means that no one else can access 'your' bit.

See here:
http://www.ashfords.co.uk/article/adverse-possession

http://www.johnantell.co.uk/adverse-possession-of-land

https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land

If you want to buy the land, you will have to track down the owner, which will, perhaps, be difficult if it isn't registered at the Land Registry.

These are your options other than doing nothing. Both are 'proper.'

Norman_Castle

CM1978 wrote: »

The land was kind of utilised by the elderly couple that lived here previously because there is an old potting shed and other bits with a gate leading to it from our back fence. Now overgrown it is just sitting their wasted.

It sounds like the previous owners claimed it but didn't bother removing the old fence. I would just treat it as your land and deal with problems if they happen. It sounds like a private right of way jointly owned by all properties it serves.