Extending Garden - Adverse Possession

Greentea

I have extended my garden by about 3-4 meters and have used and maintained this ground for the last 10 years (fence and shed on it). The ground belongs to a much larger area that has not been maintained since I moved into the house 10 years ago. Although it is registered as belonging to someone.

Does anyone know how easy it is to legally claim this ground?

louise1234_2

I've heard of the law that if you fence it for x years (10 i think) & noone objects, it becomes yours legally.

Not sure where I heard it from, but am sure it has some legality - like squatters rights.

No idea how you claim it though, Sorry.

pin

law of easements maybe? just a thought though.

Plasticman

Some info here:

http://www.planningsanity.co.uk/forums/ap/ap.htm

grumbler

Property Law

Now you have only right to apply and see what happens next...

Adverse possession of registered land under the new provisions of the Land Registration Act 2002:

.....
— Adverse possession of registered land for 12 years of itself will no longer affect the registered proprietor’s title.
— After 10 years’ adverse possession, the squatter will be entitled to apply to be registered as proprietor in place of the registered proprietor of the land.
— On such an application being made the registered proprietor (and certain other persons interested in the land) will be notified and given the opportunity to oppose the application.
— If the application is not opposed1, the squatter will be registered as proprietor in place of the registered proprietor of the land.
.......

Greentea

Thanks, Grumbler & Plasticman

Im not sure if its worth doing anything, as it will only highlight the fact to the regsitered owner that i have been using the ground, and as he is the registered owner will be able to make me shorten my garden again.

Do you think it is better to leave well alone?

grumbler

Greentea wrote:

Do you think it is better to leave well alone?

I don't know On the one hand ..... , on the other hand .... You know what I mean. I'd try to find out who owns the land.

Greentea

I know who owns the land (the ground originally belonged to my house and the house next door), I bought my house from him, it never occured to me to ask him what he intended to do with the ground. i imagine he kept the ground with a view to using it as a building plot, but has never done anything about it. The few meteres i have taken shouldnt make any difference, and he may ignore this.

Do you know what powers he would have to take the ground back? Would he have to go to the courts?

grumbler

Try to find some information here:

http://www.gardenlaw.co.uk/phpBB2/index.php

bunking_off

I think there's some legal uncertainty at present in this area. I'm not a lawyer, but you might like to do a google search on Beaulane Properties vs Palmer (April 2005 I think).

Apparently the claimant argued that the effect of adverse possession legislation would be to deprive it of its land without compensation - which is incompatible with the Human Rights Act.

The court upheld the claimant's argument and, although it found that 12 years adverse possession had been completed, the effect of the Human Rights Act 1998 meant that the defendant's claim failed. Title to the land remained with the claimant.

Don't know if this jeopardises the whole concept of adverse possession or not.