Ownership of Land

jb201

Hi All

I have a situation where a neighbour (UK) is attempting to claim a bit of land that although is technically not registered, it is actually nearer my house that is is theirs. This piece of land is attached to the front of their driveway which is actually to the side of my house.

I intend to object, but can anyone offer advice as to what grounds to object on? Any legal terms I can use?

Thanks

Dave

Comms69

Proximity to your house is not relevant.


If they're claiming adverse possession - it requires the land to be used as if owned in essence. So have they tended that land for a significant period.

moneyistooshorttomention

There are several basic requirements.

It looks as if the most major one is that it's not accessible to anyone else basically (ie used "exclusively" by the person trying to claim it). Hence the question arises as to whether it's fenced or no for instance (ie fences are a way to keep other people off land).

From what you say it's not at all clear who REALLY owns that bit of land - or whether it's a bit of land that is common land or you're both fighting to prove ownership.

G_M

jb201 wrote: »

I have a situation where a neighbour (UK) is attempting to claim a bit of land that although is technically not registered,
Meaning what? either it is, or is not, registered. Nothing 'technically' about that!

Who owns it? I assume you don't know.

it is actually nearer my house that is is theirs.
Irrelevant. Since (I assume) you don't own it, it is not yours.

This piece of land is attached to the front of their driveway which is actually to the side of my house.
* Who has been using it?
* for how long?
* has tht use been exclusive? ie no one else has usd it?
* is it fenced off? By who? For how long?

I intend to object, but can anyone offer advice as to what grounds to object on? Any legal terms I can use?
You can object if you own it.

Or, subject to answers to questions above, you could claim it yourself.

What action has the neighbour taken when you say "attempting to claim...."

Have you read:
https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land

jb201

OK so here is a photo explaining all



they have parked their car there but the brick coloured bit in front of it is their claim. I am not even sure if they own the bit to the right between the house and the part they are trying to get

Comms69

Have they been parking there the whole time?

Cakeguts

Is this a new estate? Has the builder stopped building? That bit of land looks to me as if it is either an access to possibly an extension to a new bit of land to build on or belongs as a common part to all the owners on the estate. Who owns the land beyond the fence. They don't do you?

moneyistooshorttomention

To me - from that photo - it looks as if you're both fighting it out trying to claim Council land. Followed by neither one of you is going to be able to fence it off and neither one of you will be able to claim it.

To me - it looks like a parking area for both of you and either of you could park on the left side and they alone could park on the right side (ie as they need to be able to ensure the right side is clear if they wish their/their visitors car to be able to get into their front garden).

Time for that G_M infamous "tea and cakes" and both of you forget the idea.

G_M

Have either of you checked with either the Developer (who might own it) or the East Sussex County council (who also might own it)?

It seems likely to me it is a parking area, probably public but possibly designated.

Have you checked with the Highways Dept to see if it is adopted? (This is a separate issue to ownership).

Davesnave

It seems to me that someone parking on that land could easily cause some difficulty to the neighbour in entering and leaving their property by car.

Is this what's causing an issue for them and the reason behind their attempt to claim it? There's a couple of notices on the fence in your picture which aren't there on Street View!

Bad planning by the developer IMO.

jb201

Thank you for all of the replies.

When I moved in they claimed they owned it. When I had guest who parked there thinking it was mine they would knock on my door and ask me to move. Its only today upon receiving this letter that I realise they do not own it at all.

In response to one of the posts, I have no interest in owning it, so do not want to fight so that it is in my name. I simply do not want anyone to own it as it is too close to my property. As you can see they have already parked a car there nearer my land, which doesn't bother me, but I don't want someone to say "we can do what we want its our land" like they have been doing.

In response to the latest post, when someone parks there then there is still plenty of room for them to get to their drive. I have lived here for 2 years now and I have seen someone parked there once for about 5 hours, the rest of the time it has been clear.