How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69537
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I have lived in my detached house for 20 years and I need to

Resolved Question:

I have lived in my detached house for 20 years and I need to run a drain under ground through a piece of land that nobody owns.The council say they have no objections the forestry commission have given permission for the discharge from my treatment plant to run into a dyke which they own but the neighbour who owns the field that abuts the strip which nobody owns says he will rip them up if I go ahead.Advice would be much appreciated.
Regards ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

What attepts have you made to find out who owns it?

Why does the non owning neighbour say he will rip these up?

Will it affect his land at all?
Customer: replied 2 years ago.

been to the land registry and they confirm nobody owns it and my solicitor says the same but to register it in my name I would need the adjacent land owners permission which he will not give.I have a long running dispute with the neighbour over a right of way which as got nothing to do with running an outlet for my treatment plant and he is a very arrogant individual

Expert:  Jo C. replied 2 years ago.
Thank you. Before you can apply to have the neighbouring land registered as yours you need to have occupied it and treated it as your own without consent or objection and not in secret for more than 12 years (it is 10 years if the land is not registered).

Registering with adverse possession would appear not to be an option.

If no one appears who claims to own the land and you have dug it up to put your drain in then provided it stays in situ for more than 20 years you can claim a prescriptive easement to keep it in place.

If you do this and the neighbour digs it up and destroys it, that is criminal damage and you should refer the matter to the police.

A solicitor will not decide whether you can do this or not, that would have to be done by the court.

What a solicitor should do is tell the neighbour exactly what is being proposed and saying that if he does dig this up it will be immediately reported to the police as criminal damage with a view to having him prosecuted and you will also institute a civil claim for the cost of the damage

Can I clarify anything for you?
Customer: replied 2 years ago.

So if I notify the neighbour that I intend to put underground this drain in the land which nobody owns I do not need is permission

Expert:  Jo C. replied 2 years ago.

You have tried to find out who owns the land to no avail.

Someone must own it you just can't find out who and that is because it is unregistered. They may miss when you start to do the work or not.

You don't have to inform the neighbour and there is no one for you to get consent from.

The only reason I suggested telling the neighbour was because he has already threatened criminal damage. You could have course tell the police that he is threatening criminal damage which is in itself an offence

Jo C., Barrister
Category: Law
Satisfied Customers: 69537
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

The land originally belonged to the National Coal board and was subsequently passed to the forestry commission but they say it is not registered to them and the NCB is no longer in existence.Plus it is no use to any body

Expert:  Jo C. replied 2 years ago.
Thank you.

Can I clarify anything further?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions