How do we buy/adopt a strip of land please?

Cyclamen

Hello everyone.

Please does anyone know who we ask to see about formally adopting/buying a strip of land? We would like it to become part of our garden.

Between our property boundary and the pavement is a strip of land about 1.5 meters wide. It runs the length of our house, front and back garden. My plans show that our boundary line stops before this strip of land.

In 2012 I had work done under a disabled facilities grant that put a concrete ramp across this land to my front door. (land slopes down to house and there was an exisiting path and then steps into house). It was delayed whilst the builder tried to find the owners to ask permission, they couldn't get a reply and built anyway. (I suspect this isn't allowed)


So a few years ago i looked on a .gov website to see who it belongs too. It belongs to the original builders who built our block of houses, they sold the larger green space to the council but this wasn't included.


I have maintained this grass since moving in Nov 2011 originally believing it mine and then after above situation when i found out it wasnt we continued to do so to make it look nice, for access (bin men cross to get my bins) and to prevent dog fouling, littering.. plus we love to garden and as all our neighbours keep nice front gardens i didnt want to let the side down.

The neighbours say the people who lived here before me also cut the grass and planted trees. Those trees were removed by the previous occupants insurance company as the conifers caused root damage.

A check at companies house states the building company has 'no saleable assets' or similar wording. Letters have not been replied to.


I probably should also confess that we have planted a few shrubs and made a small flower bed.. but these have been planned that we can dig up and return to grass if ever we are asked. I just feel uneasy and don't want to do something wrong and obviously would like the land as part of our home.

Please can anyone advise what i should do next?

markin

As you haven't had it for 12 years yet at very the least you would need a letter from the previous owner a "Statement of truth" saying they maintained it as their own land and no one told them to get off the land, and that they never had permission to use the land.


Or you could just wait 4 years.


Read up on all the threads you can find on Adverse Possession over at gardenlaw starting with this one.
https://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=4&t=21511

greyteam1959

I would wait the other 4 years before rocking the boat.
If, by making enquiries, the owner of the land pops up they may make things very difficult / expensive for you.
Along the lines of ' you have built on our land please pay us £xxxx '

Boohoo

Are you saying that you went ahead and had the ramp built over the 1.5 metre strip of land without getting approval from whoever owns the land?


Also why do you want this 1.5 metre strip of land that runs down the side of your house for? Just curious that's all.

Cyclamen

Building on the land.. this was organised by social services through a disabled facilities grant. The occupational therapist had control of what work was done and paid fr someone to do plans and work. At the time I did not know the land was not ours as they were replacing an existing path. It was all done and presented as a finished job by the builders social services organised. I found out after the event (at the time I was pretty poorly and not really clear what was happening).

As the previous owners insurance had removed the conifer trees at their expense i had assumed the land was part of the property. The builder at the time said there'd been a delay getting permission but this didnt really make sense to me at the time.

It became properly clear the next year and the 'penny dropped' when i had to check the house deeds as we wanted to replace a fence between us and our neighbours that was chain link with wood panels I then saw our red boundary stopped before the pavement and this has been bothering me since.

I neavily at the time thought that the builders employed by the council would be trustworthy and follow things properly. As I've spent a good few years fixing other work they did (wetroom) I now know this isnt the case.

I do realise the law doesn't take 'i didn't know' as an appropriate defense.

So I've been worrying about it since.

There is the possibility we may have to sell next year and move home. Hence wondering if I can adopt/buy the land an dhow this would be done.

Previous owner is deceased we bought from their adult children.

markin

The owner is very unlikely to turn up and demand you clear the land or return it, The biggest problem if you move the fence maybe the council saying you need planning permission and possibly making you take it own.

tired_dad

we had a strip of land adjacent to our previous house. I wanted to buy it. Previous owner was the builder of the housing estate. The builder had subsequently gone bust. The land was therefore part of the crown estate. Had a chat with them about buying it and costs were not worth it

foxtrotoscar_2

If you are considering moving why bother buying it. You very are unlikely recoup the cost.

Mistral001

Cyclamen wrote: »

I neavily at the time thought that the builders employed by the council would be trustworthy and follow things properly. As I've spent a good few years fixing other work they did (wetroom) I now know this isnt the case.

Builders will often give advice on building design, building regulations, planning permission, and even legal aspects of boundaries and rights of way, but when their advice is inaccurate or negligent, it is unlikely that you will be able to hold them accountable for any resulting negative consequences. They will use the defence that they have only been contracted as builders and not for supplying design, planning or legal etc. services.

unforeseen

The land will be classed as part of the highway. Unless otherwise documented, the highway is considered to be from a boundary feature on one side to the boundary feature on the other. On your side it will be your wall or fence, which you admit your deeds show as the limit of your land.

I doubt the council/Highways will be interested in selling part of the highway. You can not claim AP for part of a highway.

Davesnave

unforeseen wrote: »

You can not claim AP for part of a highway.

Nor can you claim adverse possession on land you haven't had exclusive use of, and clearly you haven't, as it's an area the public can access.

Don't worry about it, as it's unlikely anyone will be bothered about a few shrubs if they're kept low. Likewise, your disabled access is safe; no right-minded council would allow that to be removed, unless there was a very good reason, like accessing buried pipes/cables for repairs, if it happened to be a 'service strip.'