squatting rights? Common Land

JANEDO

Our London end of terrace house has a coal passage running behind it which originally served 3 properties. It runs behind our house and our immediate neighbour's then ends with what was once a gate into the bottom of the garden of the third house. This arrangement is repeated in groups of 3 houses along the road This particular coal passage has been fenced off from the road for over 25 years and the other two houses have no access to the passage since erecting fences around 18 years ago as a defence from the youths on the estate. The passage is 6 feet wide and essentially now forms part of 'our' property and is only accessible by us from our side door or a gate at the bottom of our driveway, 6 feet of which used to form part of the passage but has been incorporated as our driveway for about 12 years. We would like to acquire permanent ownership of the land. Years ago when we enquired we were told by the council that it was Common Land. At one point we had a letter from the police advising us to close off access to the road as the residents of a nearby housing estate used to use the passage to access the backs of houses and also as a cut through from our street to the estate. Can anybody tell me if they think we have squatters rights on the common land?. Cheers

00ec25

the phrase you are looking for is "claim adverse possession"

there are several pages dealing with that on the Land Registry website. Read, in no particular order:
https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land/practice-guide-5-adverse-possession-of-1-unregistered-and-2-registered-land-where-a-right-to-be-registered-was-acquired-before-13-october-2003

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

https://www.gov.uk/government/publications/adverse-possession-registration-adv1

http://blog.landregistry.gov.uk/adverse-possession-registered-land/

https://www.gov.uk/squatting-law

naturally there are other non Govt. websites, here is one at random:

https://uk.practicallaw.thomsonreuters.com/1-107-4438?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1

Comms69

No, not squatters rights, don't be silly.


Perhaps adverse possession though

G_M

JANEDO wrote: »

........ Years ago when we enquired we were told by the council that it was Common Land.

You may have shot yourself in the foot by contacting the council and receiving this reply.

https://www.gov.uk/guidance/managing-common-land