Move fence with adverse possession?

Chicken_dips

I bought my house on 2020 with Adverse Possession Insurance for land that’s been used and cared for since 1999. 

The house is a corner plot and the land isn’t used by anyone because it’s literally next to the road without and pavement. There’s no other property facing my house, just a pavement on the opposite side of the road.

The yellow is where my insurance covers me. My fence remains the same but I’m looking to move it out where the red line is if possible.

At the moment the red line is full of over overgrown trees/shrubs etc which I take care off and am constantly cutting because it’s growing into the road, which has a slight bend so visually it’s not great anyway. 

I’m thinking if I put a fence there it’ll resolve this issue and will save me time.

So my question is, can I do this and be protected by my adverse possession insurance or not ? 

Sorry if it’s a silly question 

jonnydeppiwish!

You might want to check who actually owns the land you’re claiming. Additionally, not sure the council will allow a fence to be put on the corner of the road due to sight lines for drivers.

Chicken_dips

It’s owned by the council. Yeah I did read that the fence needs to be 1m high if it’s near the road. 

Chicken_dips

Also, the line of site for drivers is nonexistent with the overgrown trees/shrubs/hedge

Chicken_dips

Here’s a zoomed out image for a better view on the road 

sheramber

Chicken_dips said:

I bought my house on 2020 with Adverse Possession Insurance for land that’s been used and cared for since 1999. 

The house is a corner plot and the land isn’t used by anyone because it’s literally next to the road without and pavement. There’s no other property facing my house, just a pavement on the opposite side of the road.

The yellow is where my insurance covers me. My fence remains the same but I’m looking to move it out where the red line is if possible.

At the moment the red line is full of over overgrown trees/shrubs etc which I take care off and am constantly cutting because it’s growing into the road, which has a slight bend so visually it’s not great anyway. 

I’m thinking if I put a fence there it’ll resolve this issue and will save me time.

So my question is, can I do this and be protected by my adverse possession insurance or not ? 

Sorry if it’s a silly question 

How has the land been used, apart from trimming the  overgrown vegetation?

propertyrental

I strongly suspect that if you make a claim for AP, the council will object, and you will be turned down.

Not sure what your insurance covers - difference in property value with / without that piece of land?

land that’s been used and cared for since 1999.

In what way? By whom? Do you have a Statement of fact from the previous owners?

Chicken_dips

sheramber said:

Chicken_dips said:

I bought my house on 2020 with Adverse Possession Insurance for land that’s been used and cared for since 1999. 

The house is a corner plot and the land isn’t used by anyone because it’s literally next to the road without and pavement. There’s no other property facing my house, just a pavement on the opposite side of the road.

The yellow is where my insurance covers me. My fence remains the same but I’m looking to move it out where the red line is if possible.

At the moment the red line is full of over overgrown trees/shrubs etc which I take care off and am constantly cutting because it’s growing into the road, which has a slight bend so visually it’s not great anyway. 

I’m thinking if I put a fence there it’ll resolve this issue and will save me time.

So my question is, can I do this and be protected by my adverse possession insurance or not ? 

Sorry if it’s a silly question 

How has the land been used, apart from trimming the  overgrown vegetation?

Majority of the land is behind my fence except where the red line is. Yes all it’s been is vegetation where I’ve trimmed it.

Chicken_dips

propertyrental said:

I strongly suspect that if you make a claim for AP, the council will object, and you will be turned down.

Not sure what your insurance covers - difference in property value with / without that piece of land?

land that’s been used and cared for since 1999.

In what way? By whom? Do you have a Statement of fact from the previous owners?

Yes I agree and feel the council will refuse if I claim for AP.

The property is the most expensive on the street and feel the land won’t impact the price - well it didn’t when we brought it.

We have the statutory declaration from the original owner which was passed on to us 

Chicken_dips

Also, I’m worried about contacting the council regarding this because I believe it’ll void my AP insurance. Not that the council will ever do anything with the land 

sheramber

If you apply for adverse possession the Land Registry will contact the council, as the owner,  and they will  be able to object to the application.