Claiming a strip of land

Maggy82

Hello. I’m hoping someone can help. We live next door to a school. In 2005 (before we moved in) they put up a security fence. We moved in in 2007 and have maintained the bushes in our garden since this time which lines the fence on our side. We believed the bushes to be ours as they were our side of the fence. Recently, the bushes are becoming unmanageable, they are 2.5 meters in depth and the same in height. We want to remove them as it will make our garden bigger/lighter and put a fence flush up to the school security fence and create a patio area. However, we started work and found an old fence in the middle of the bush which suggests might be the original school fence. So it seems we have a strip of council land on our back garden. They can’t access it as it’s in our garden and behind their more recent security fence. 

I contacted the council to see if they could confirm it was our land. I don’t want to spend a substantial amount of money for them to then tell us to take it down. They have said that this is their land and it is usual for them to  erect a fence within their original boundary so that they can maintain it from both sides. They can’t though as that would mean trespassing on our land to get to it. They said that they need to send a surveyor out. However, they also said that the school is now an academy and has a long lease so I don’t know how this alters things? 

Can I do anything? Ive been on HM Land Registry and it didn’t help. I think it’s ridiculous that there is land in our back garden that the supposed owner can’t even get to or maintain. I’m still thinking that it is our land and they are being awkward! 

I will try and attach photos of the bushes lining our garden and the old fence and new school fence. 

Is adverse possession an option? We’ve maintained it for 13 years as we believe it’s our land. 

Thanks 

Thrugelmir

Sounds as if the bushes are the boundary. Presumably left in place to provide a screen to the school. You could approach the council and see if they will sell you the land. 

AdrianC

Maggy82 said:

However, we started work and found an old fence in the middle of the bush which suggests might be the original school fence. So it seems we have a strip of council land on our back garden. They can’t access it as it’s in our garden and behind their more recent security fence.

They can access it.

They have a legal right to come onto your land to access it, if necessary. If you don't agree, they could go to the hassle of a court order, but since you're a nice sensible mature adult, you wouldn't make them do that, would you...?

The position of their fence does not define the position of the legal boundary.

Maggy82

I’m not sure about the mature adult part 😂😂 I suppose one of the issues is that they don’t maintain it, and never have. It has always been us. I also seem to remember that when the security  fence went up, the planning permission stated that they would maintain all borders. So basically I have this huge bush lining my house, And I can do nothing about it apart from keep cutting it back? It just seems strange. It makes our garden so dark and blocks a lot of light. We intend to put a fence up so it would not be a privacy issue for the school. But if we remove the bush and put a fence up where the old fence was before, we will be left with a space between the fences which neither of us will be able to get to to maintain. This is so confusing 🤔

Davesnave

It's not unusual to have public property in one's garden.

At the end of the garden of our last house, we had 3 sewers connecting  and the appropriate manholes to go with them. These were not mere inspection chambers, but portals into a nether world below the city. They were no bother. Once every blue moon the water authority needed access to check flows.We never gave them a second glance or thought we owned them

Petriix

Here's a crazy idea: cut down the bushes if you want, then erect a new fence within your property for privacy, then (here's the fun bit) put an access gate in the new fence so that you and the school (if they ever want to) can maintain the outside of the fences.

AdrianC

Maggy82 said:

I’m not sure about the mature adult part 😂😂

You can do it, I know!

I suppose one of the issues is that they don’t maintain it, and never have. It has always been us. I also seem to remember that when the security  fence went up, the planning permission stated that they would maintain all borders.

Such is their prerogative... Lots of neighbours are a bit lackadaisical about things like trimming hedges.

So basically I have this huge bush lining my house, And I can do nothing about it apart from keep cutting it back? It just seems strange. It makes our garden so dark and blocks a lot of light. We intend to put a fence up so it would not be a privacy issue for the school. But if we remove the bush and put a fence up where the old fence was before, we will be left with a space between the fences which neither of us will be able to get to to maintain. This is so confusing 🤔

Well, they've got every right to have a totally opaque boundary up to 2m above ground level without having to have planning permission.

Nothing stopping you cutting the hedge on your side of the actual boundary, right back to the boundary, and down to 2m high... Safe to assume that's the old fence. I doubt they want the trimmings back.

zagubov

When I suggested a while back that there seemed to be a bit of a "lurgae lockdown landgrab" starting I thought I was being tongue-in-cheek. Hmmm.

greatcrested

Well you've burned your boats on AP by contacting the council and being told effectively 'No'!

I'd have just kept quiet, cut back (or down) the bushes, installed a new fence of your own and built your patio. No one would have known or cared. Now they do both.....

Sebo027

greatcrested said:

Well you've burned your boats on AP by contacting the council and being told effectively 'No'!

I'd have just kept quiet, cut back (or down) the bushes, installed a new fence of your own and built your patio. No one would have known or cared. Now they do both.....

Agree.

Maggy82

Understood. That wasn’t an option though as I wouldn’t want to spend the money doing the work to then be told to take it down. Thank you.