Garden is owned by someone else!

MobileSaver

eddddy said:

I guess you could also look at the options for claiming adverse possession.

My understanding is that an adverse possession claim will should always fail in the OP's situation because the occupier has permission (the ROW) to use the land.

srgrech said:

It would appear that someone in a similar position claimed adverse possession in 1998, strangely it wasn't yet converted to absolute title.

The rules on adverse possession have been tightened several times since 1998 and, particularly as the rightful owner is aware of the issue, the chance of such a claim being successful now is practically zero.

TripleH

It might be worth putting in an offer?

Alow one but you cover legal fees as they land will have limited value where you have ROW

I listen to enough radio 6 to get Ditzy's comment even if a little before my time.

penners324

Get the seller to get adverse possession before completion 

Schwarzwald

1) deduct an amount to be put in escrow with solicitors for 18 months.
then negotiate a purchase with the actual owner
if you get it cheaper than the amount in escrow, you split residual 50/50
if you have to pay more than in escrow, you have to swallow the excess
if you dont get a deal within 18 months, funds are returned to your vendor

2) could you lease the land from the actual owner?