Land Reg Adverse Possession Unregistered Land

Beepers

Hi 
I'm hoping for a bit of advice.  I rent a house (with right to buy) which has a wide swathe of grass between the highway and the boundary of the front garden (front garden is registered to my landlord).  I am having trouble getting broadband laid across the grass, which has flagged up that this piece of land is not registered with anyone.  I have confirmation from my landlord, and highways, and the parish council that they don't own the land.  I have maintained the land for over 15 years and can prove this by way of photographs but am definitely happy to sign a statement of truth on it.  The land my house and garden are on was sold to the local council back in the 1930s.  I would like to make a claim for adverse possession so that I can a) get broadband and b) put a driveway across it (with relevant planning) without constantly getting stuck in a loop because nobody claims to own it.  
Image with the area I'm talking about is included here.  The green bit is the bit I am referring to.  Yellow = highways confirmed ownership.  My next door neighbour has already possessed the equivalent in front of his property (I don't know if he's actually formally claimed it, but has fenced it off - he owns his house). 


Does this sound like I have a case?  If so, I keep seeing that there is a way to put the claim in through a portal, rather than snailmail.  I can't find where this is?  
Any pointers really gratefully received. 
Thank you 

tacpot12

The photographs will be beneficial, but if you have any receipts that evidence you have maintained it or used it as your own property will be useful. Have you ever paid anyone else to do any maintenance? And do you have a receipt, invoice or email that confirms the work was done?
I would enclose/fence off the area now. I don't see why you shouldn't be able to claim adverse possession of it with your photos of evidence, but the more evidence you have the better. It could be a very good bargaining chip with your landlord (such strips of land are sometimes called "ransom strips"), but I think you might want to consider leaving it in your will to the landlord as it will create problems if this strip of land is owned by someone other than the person who owns the house. Obviously if you buy the house, you can pass the title to the strip of land on with the house.   

I'm currently undertaking a claim for adverse possession, but my solicitor is dealing with this, so I can't answer your question about whether the application can be made electronically. 

Beepers

Thanks very much.   We've just re-fenced the back garden so will look at doing the front now.  
We don't intend to use it as leverage, but it would make life much easier to be able to get these basic things done without getting stuck in a perpetual loop.  

Richard_Webster

Two points:

1.       Any acts of adverse possession by a tenant benefit his landlord and not the tenant directly.   In this case if you exercised the right to buy you would presumably be bale to get this bit as well.

2.      Possession has to be obviously adverse such that if a real owner showed up he could see that someone was trying to take his land.   If you haven’t fenced it then the 12 years won’t start running until you do.

tacpot12

More useful information here: 
https://www.herrington-carmichael.com/adverse-possession-does-a-fence-matter/#:~:text=For%20a%20successful%20adverse%20possession,or%20otherwise%20enclose%20the%20land.

greatcrested

As above, you have a fairly strong case but the more evidence the better. So yes to a fence, and yes, to any receipts as tacpot12 suggests.

But I would leave any claim till you own the property rather than complicate matters with an additional party (current landlord).

You appear fairly well-read upon the subject, but just in case

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

Beepers

Richard_Webster said:

2.      Possession has to be obviously adverse such that if a real owner showed up he could see that someone was trying to take his land.   If you haven’t fenced it then the 12 years won’t start running until you do.

Well, we've parked continuously on it for over 15 years and nobody else uses or maintains it at all - we're in an extremely remote place, with one neighbour so have never seen the need to fence it.  I have a few old tree truncks laying on their side to mark the edge. Maybe that would count. 

Thanks everyone - I have spoken with my landlord about it some years ago and they just weren't interested in claiming it themselves (I suppose there might then come some liabilities to maintain , which they don't want) - I could never understand why?  I would be concerned that at any given time someone else might try to claim it (eg next door neighbour) and then they'd be left with a house with potentially no access.  We're really out on the edge of their housing stock though and I think they'd be more than happy for us to buy it from them.  If we don't then I'm fairly sure they'd sell it anyway if we ever vacated.