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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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we have a piece of green with tree over hanging our driving

Customer Question

we have a piece of green with tree over hanging our driving joining our driveway with a public footpath the other side of it.
After investigating via land registry and paying for a sim we have now found out its owned by a company that no longer exists and went out of business and we have comfirmation of this, our question is now what can we do to either claim it or find what to do about its old owners responsibility. kim
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
How long have you had it please? Is the land fenced off so excluding anyone one and have you been using it as if it were yours?
Customer: replied 2 years ago.

Hi Alex

we have owned our house for over two years and have been cutting the grass and trees that over hang since we moved here and dug out some ground to put up fencing. Prior to us living here for the previous 20 years neighbours and previous owners have looked after it as the council state its nothing to do with them either.

Expert:  Ash replied 2 years ago.
When did you put up fencing?
Customer: replied 2 years ago.

two years ago its only a foot high

Expert:  Ash replied 2 years ago.
Ok. Sadly in ordrt to claim land you need to fence it off, exclude all others for a period of 10 years.
As you have not done this you can't claim it yet. If and when you do and you have ten years exclusive use then you can apply to the land registry for adverse possession.
The land registry will consider your application for that and then approve it whether or not the current owner can be found and traced.
But sadly you need ten years.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
With regards ***** ***** neighbours as we are the only ones who's property these trees over hang as the other side is public footpath do we have the right to cut the trees as one of our neighbours keeps interfering when we do cut them
Expert:  Ash replied 2 years ago.
You have a right to cut anything than overhangings omto your property.
You can only cut any parts overhanging but must offer the parts cut back to the people that own the land where the tree is coming from!
Alex
Customer: replied 2 years ago.

so as the owner of the land i.e. the company no longer exists do i have to keep all the wood for the next 10 years??

Expert:  Ash replied 2 years ago.
Well if they don't exist you can dispose of it!
Or sell it for wood burning!
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi
I am just following up on this. Is there anything else I can help with? If so, please let me know.
Alex.
Customer: replied 2 years ago.
No we have the info that we need for now. Many thanks
Expert:  Ash replied 2 years ago.
Great! Thanks

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