Defunct land next to house

Soozmoney29

Hello!

This is a weird one - our house at the end of a cut-de-sac has a lane running down the side - we have been here for 7 years and it's not been used in that time - speaking to the neighbours, the lane hasn't been used for decades. The local council still maintain a street light at the top of the lane! After calling both the town council and the local council, I was told it does not appear on any of their maps detailing 'rights of way' etc.
Now the neighbour on the opposite side of us and the lane has taken down a fence panel and cleared the lane which backs onto their boundary - built concrete raised beds, blocked both ends of their patch with concrete and fence panels and declared it theirs after 2 years!
I did some research and it appears that the original builders of this estate back in 1965, had the lane as part of their development - this company has now ceased to trade, gone into receivership but this is still unresolved as of 1977.
Speaking to the uncle of the owner (he's the one doing the work) he says he's just helping his niece and said after 2 years it will become hers.
I have the original plans showing the lane as part of the development - the local council claim not to know about the lane but they're still maintaining the street lights - one at the top near us and one at the bottom road where the lane originally ended! The rest of the lane is overgrown and a real jungle - it would take weeks to clear it!
Any suggestions as to what we should do?
Thanks for any help!

elsien

I’m a bit unclear in what way this is affecting you and why you feel the need to do something about it?

Soozmoney29

The concrete raised beds are built against our wall - they have hammered nails into the wall to hold bits of fence. there will be compost heaps there as well.

QrizB

Just to note:

he says he's just helping his niece and said after 2 years it will become hers.

This is (almost certainly) not correct.

Emmia

I think it's 12 years possession for unregistered land - OP if you want to maintain the gap between your property and the neighbours the lane provides then if be seeking legal advice.

sheenas

I am not sure what this has to do with you. Clearing and making the land tidy seem generally beneficial. Does it cause you any issues?

Albermarle

one at the top near us and one at the bottom road where the lane originally ended!

So to be clear, the lane used to lead somewhere, but now it is a dead end ?

Next question- do you have legal protection insurance as part of your house insurance ( just in case) and what are relations with your neighbour like?

Soozmoney29

https://forums.moneysavingexpert.com/discussion/comment/82015403#Comment_82015403

That's what we thought to…thanks

Gonk1967

https://forums.moneysavingexpert.com/discussion/comment/82015369#Comment_82015369

They shouldn't be building raised planter beds or having compost heaps against your wall and certainly shouldn't be hammering nails into it. I would politely ask them to remove them and make good any damage. Where is your boundary?

QrizB

I'd be putting a gate in my back fence and making regular use of the lane. A rear access is useful!

If it needs clearing, we'll that's what the chainsaw is for 🙂

Soozmoney29

https://forums.moneysavingexpert.com/discussion/comment/82015426#Comment_82015426

Yes - it used to connect 2 roads - it's not a dead end - it's just disused and has been for years - blocked with years of overgrown trees and brambles etc.
Yes we do have legal cover
They only moved in last year and because the lane separates us, we've not had any contact…