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Help on land and claiming land

SABJ Avatar
7y, 4m agoPosted 7 years, 4 months ago
My neighbour has decided to build a new fence in the alley way between our houses its a shared alley way so half each i dont use it my house is detached and we use the other side of the house to get round the back, he has built the new fence in my part so he has about 7inches more than us i dont mind at all as i dont use it and he does so i said ok build it in my side and that was it, my granda says after so long he can claim the extra 7inches as his own as he has looked after it is this the case? i dont really mind as we will never ever use that side of the house im just thinking if i come to sell it years down the line will there be a problem and new owners my be put off as our alley on that side is quite thin now ,can he claim my alley way or is my granda just getting mixed up any help will be appreciated,
SABJ Avatar
7y, 4m agoPosted 7 years, 4 months ago
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1 Like #1
Get it sorted now, before prospective buyers have a surveyors' report that shows this up.
#2
Jumpingphil
Your Granda is quite right.


how many years is it before they can claim it i cant find anything online :oops: i thought i was just being a good neighbour letting him use it
1 Like #3
Yes grandpa is right.

Adverse possession can be claimed if the land has been used continously, without permission or payment of rent and other elements for a period of more than 12 years.

The simple way round this is to get him to pay a nominal rent but you may encounter problems with prospective purchasers in the future
1 Like #4
20 years i think. but if youve got the deeds he cant. he can only claim right of use. maybe you could sell him this bit of land bit be worth a couple of grand to him and itll give u some cash for land that u dont use
1 Like #5
I think it's something like 12 years, had something similar with access rights at my old house.
1 Like #6
i dont want to sell it or rent it i dont even mind about it tbh its just if i come to sell ever i dont want problems i have found this info on a website someone posted in 2008 but the link isnt working so im unsure of the facts in it if its right it will be good

http://www.landregistry.gov.uk/docs/public_guides/public_guide16/adverse_possess/

It's no longer quite as simple as it was. You have to fence and look after the land for 10/12 years depending if it's regustered or not. At the end of that time you can make a claim for adverse possession.

If the land is registered at that point the land registry notify the registered owner. If he objects it's game over and you have to give it back. You have to hope the owner can't be traced as no owner is likely to ignore such a letter. If the land is public land I can't see the council just letting it go. They have a public duty to get best value for assets.

If it's not registered land you get to become the registered owner.

I'm not sure if the same rules apply to public land. Is public land even registerd with the land registry? Anyone?
#7
It is the same as squatters rights, if they have it fenced off for a certain time with no objections they can claim the land as their own. I would suggest you get the fence removed and allow him free use of what is there but dont allow them to fence it off again. You should check your deeds as it may break a statute on them putting a fence there anyway, they often have a clause preventing either party from obstructing a shared path or drive in any way....
#8
looks like it may be true ?? changed in 2003

You can indeed end up owning land that is registered to someone else - it's just a lot less likely to happen since the law changed in 2003.

After 10 years the squatter can apply to register the land in his name. On reciept of the application the land registry sends out a notice to the registered owner. If the registered owner does not respond they loose the land and the squatter gets it.

Google suggests there are some exceptions which might be relevant in this case...

Title cannot be acquired by adverse possession to land over which a public right of way exists.

If un-registered land is owned by the crown then the 12 year time limit becomes 30 years. This might happen when a company closes down and there is no will etc so nobody inherits the assets.

If you already have a right to be on the land then you cannot claim adverse possession. Presumably this covers public land/footpaths/highways etc which you have a right to use.
#9
mosskeeto
It is the same as squatters rights, if they have it fenced off for a certain time with no objections they can claim the land as their own. I would suggest you get the fence removed and allow him free use of what is there but dont allow them to fence it off again. You should check your deeds as it may break a statute on them putting a fence there anyway, they often have a clause preventing either party from obstructing a shared path or drive in any way....



there was always a fence there from when i moved in they have took it down it was rotton and replaced it with a nice new one but moved it onto my alley so theres is wider, like i say i have no probs with this just for future if i come to sell but i have found some info what looks like the old 12yr rule doesnt apply i think ill ring solicitor in morning just to make sure :?

thanks for help all i will rep
#10
Off topic, but please can you use a few commas or full stops? It makes it hard to read.

I noticed you said "so i said ok build it in my side and that was it"

Why did you even say this if you weren't going to be happy with it on your side?
[mod]#11
You need to look at any Conveyances and Transfers which are contained in your title deeds. There is so much I can say but, and dont take this the wrong way, I dont have the energy to do it now!

If you need any information please PM me and I will look at it later.
#12
splatsplatsplat
Off topic, but please can you use a few commas or full stops? It makes it hard to read.

I noticed you said "so i said ok build it in my side and that was it"

Why did you even say this if you weren't going to be happy with it on your side?



i dont mind it being on my side thats not what im saying i didnt know of such law that after 12yr they can take the land to keep , if i was gona be living here for ever i wouldnt care at all i dont use the alley, but if i do move im worried about a problem coming up then with a new buyer
this is why i said its ok to build on my side i was happy and i still am happy for them to use it just want to know they cant keep it :?
#13
fireheaven
Yes grandpa is right.

Adverse possession can be claimed if the land has been used continously, without permission or payment of rent and other elements for a period of more than 12 years.

The simple way round this is to get him to pay a nominal rent but you may encounter problems with prospective purchasers in the future


My father in law is the opposite of the OP, the fence he put up is about 3 feet from the boundary line due to bloody great tree stumps. When we came to replace the fence we were going to move it back 1 foot and that meant chopping some trees down. Obviously the neighbours complained and he told them he would delay till next year. The thing is they've 'claimed' part of that 3 feet for a massive shed. So by rights he could demand they demolish it :lol:
#14
why don't you ring your local council (maybe the planning dept or the land registry dept - estates?) i'm sure they'd guide you.. but saying that, if i was a prospective buyer, the fact that the neighbour has part of my 'potential' land would definately put me off - esp. considering the price i'd be paying for the property
#15
regardless of the law, you should keep what you paid for. after all the first lesson in life is "protect your investments"
#16
ive found somthing on land reg site looks like since 2003 they look after it for 10yrs then apply for ownership i would be contacted if i say no they wont get it but if i dont make them move off the land within 2 yrs they would re appy and get to keep it, looks like im safe, the neighbours are lovely and we have never had any probs with them just my granda talking old laws to me got me thinking, if i do come to sell ill think about asking them to move onto there land but untill then im happy to leave things as they are as it looks like they cant take it,

thanks for advice everyone appreciated :)



http://www1.landregistry.gov.uk/assets/library/documents/lrpg004.pdf part 2.1
#17
SABJ
i dont mind it being on my side thats not what im saying i didnt know of such law that after 12yr they can take the land to keep , if i was gona be living here for ever i wouldnt care at all i dont use the alley, but if i do move im worried about a problem coming up then with a new buyer
this is why i said its ok to build on my side i was happy and i still am happy for them to use it just want to know they cant keep it :?


I agree. punctuation and using sentences really helps.

Are you sure you've not reduced the value of the house. If the passage is on the deeds as a shared passage, you may have reduced the value of the place by giving away the rights.

You say "he has built the new fence in my part " - so you have actualy given away part of your property anyway.

I'd srrongly advise checking your deeds and maybe having a chat with a solicitor before going any further.
#18
Fluffykins
I agree. punctuation and using sentences really helps.

Are you sure you've not reduced the value of the house. If the passage is on the deeds as a shared passage, you may have reduced the value of the place by giving away the rights.

You say "he has built the new fence in my part " - so you have actualy given away part of your property anyway.

I'd srrongly advise checking your deeds and maybe having a chat with a solicitor before going any further.


its my land on land reg and he will have to apply for it after 10yrs i would reject the application and he wouldnt be able to keep it, i have posted the link above your post for anyone whos interested and im happy with that :thumbsup:

also i dont think a few inches would reduce the value, it wouldnt stop me buying the house you can still use the alley its just a few inches thinner than it was, but i know some people are picky over these things so i wanted to make sure he couldnt keep it
#19
Closed as requested

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