Told I cannot park on unregistered land???

photome

luckyduck83 wrote: »

I raised this issue with my solicitor before I bought my current house. There's a strip of unregistered land of about 20ft from my driveway to the road.

No-one is able to park, build, put a static home on that land in such a way that it would restrict access to my property. Someone may be able to buy it, but they would have to continue to allow me unrestricted access.

There's a lot of unregistered/unadopted land in the country. That doesn't mean it's fair game for anyone to do what they want to it.

your situtation seems very different to the OPs

anyideas

Hello everyone,

Thank you again for all your help, there is so much to consider!

I did think that if I tried to put up a fence before the neighbours that I would be ahead of them in the pecking order (after whoever the orginal owner is). If I've got this wrong I could still carry on parking until the original owner tells me to move?!?!?

I've looked through all of the old doucments that my lovely new friend shared today. It does look like the maps show that all of the land was connected but then between the 1920s and 1980s it just disappears. My friend has no idea why that would have happened and she moved into the house as a little girl in the 1950s!

Doesn't look like these maps will help me after all...

anyideas

Morning everyone,

I did a bit of reading on the internet last night and looked at some guidance from the Land Registry.

It does look like when it comes to unregistred land that it is first come first served. Obviously the actual owner is the one who the land belongs to. If it is unregistered and because I have already done a search with the Index Map my name is logged as an 'interested party'. If I start adverse possession by fencing in that unregistered land I am taking ownership of it. If anyone pulls down the fence they are damaging property on 'my land' (although it isn't for another 12 years and only if the true owner never appears!).

I think that if someone else takes an interest in the unregistered land I will be told and the other party will find my name registered against it as an interested party.

If I can find some additional information to accompany these maps I can push forward my claim for possession of that land rmuch earlier than the 12 years.

For the time being I will keep parking my car on the unregistered land and see if I get a response from the neighbour's solicitor. I might just send one final letter making a simple request that either the solicitor provides information that they own that land or have a right of way across it or the neighbour leaves me alone.

If the solicitor can't tell me this I think I will also have a word with the local police station and explain that the neighbour is trying to prevent me from parking. I'm not sure if they can get involved if a solicitor is on the case but might be worth a try...

Thanks to all for your help so far!

zagubov

I'm not sure adverse possession is so simple; for example, can't the neighbours upset your adverse possession attempt by formally temporarily permitting you to park there, and then withdrawing permission?

Mojisola

zagubov wrote: »

I'm not sure adverse possession is so simple; for example, can't the neighbours upset your adverse possession attempt by formally temporarily permitting you to park there, and then withdrawing permission?

Only the owners of the land can give permission.

stator

anyideas wrote: »

If the solicitor can't tell me this I think I will also have a word with the local police station and explain that the neighbour is trying to prevent me from parking. I'm not sure if they can get involved if a solicitor is on the case but might be worth a try...

The police won't care. In fact they will tell you to stop wasting their time.
This is a civil matter.
You don't own the land, he doesn't own the land.
If the police get involved they will probably tell you to BOTH leave the land alone.


The best you can hope for is to maintain the status quo. You are parking on someone else's land without permission. Just hope you can keep getting away with it.


If you try to fence it off or claim ownership, there is a significant risk that you will end up losing access to this land altogether.

anyideas

Hello Stator,

What you are saying does make sense. I suppose if I try to claim adverse possession it might just enrage my neighbour to look for the original owner.

I do think that this is still linked to my property but I guess I should make sure of that before doing anything else and just carry on parking there until someone who can tell me not to does tell me not to - if that makes sense?!?!

stator

Yep. Just refer the solicitor back to your previous reply: If you don't provide proof I have nothing to say to you.

James1968

I think the 12 years starts from 1st use. Talk to a solicitor on Monday.

Do not let your neighbour know what you are up to. They will find out when the 28 day notice goes up. If noone can prove ownership, the land becomes yours.

Bare in mind the whole thing could cost £1,500+, you need to have funds to do it.

zagubov

Mojisola wrote: »

Only the owners of the land can give permission.

I know, but if they claim it's their land and they claim they're giving you permission to park there (but then withdraw it later), I wonder if it would in any way boost their claim to the land.

People are already talking about there being a pecking order of priority in claiming possession.

In this confusing ownership dispute, I would worry that a paper trail of "permission" might muddy the waters further, and pre-empt any fences within fences "arms race" occurring between the OP and the neighbours.