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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have lived at our current house now years as at

Resolved Question:

We have lived at our current house now for three years as at 1st Decembers 2015.
When we moved in we tidied and cleared a tiny bit of land at the bottom of the garden. The land is a itself is very tiny and is at the bottom of our garden and ends in a point. Prior to this and over the last decade, the locals have used it as a fly- tip and dump, it was very overgrown and no-one bothered with it. Some rather spurious activities were noted by a builder we had who noted some kids loitering there. Now the local parish council have stated in a local magazine - without contacting us, that we appear to be 'annexing it' as part of our house and they are looking into it. Our solicitor at the time and subsequently the council have made enquiries that the piece of land is unregistered and issued a caution against an application for first registration. Over the last three years now we have cleared it of all its fly-tipping detritus and planted a couple of trees and kept it trimmed and tidy. Since we have cleared it one of the neighbours ( resident here for 40+ years ) and local handy man want to now use it for overflow parking, have tried to 'cut down' a small dwarf apple trees we planted and push over the large local stones we put in place to preserve the plot.Which until we looked after it was a absolute mess .
It butts up to a bridle lane , is unregistered and no one uses it except us to keep it tidy as it at the end of our garden. Can we claim squatters rights to this tiny piece of land?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Sadly you would need to do that for some time. The law requires that you occupy the land for 10 years and fence it off excluding all others. After 10 years you can make an application to the land registry to register the land.
But you need 10 years use first. Please see the following guide:
https://www.gov.uk/government/publications/adverse-possession-of-registered-land
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
what can the parish council 'do' to stop us keeping the land clear and therefore not for the use as a 'car park' for locals?
Customer: replied 1 year ago.
The parish council appears to be trying to stop us 'annexing ' this tiny piece it onto our property. What can they enforce to stop us?
Expert:  Ash replied 1 year ago.
The Council can't do anything without a Court order - they are not the owner.
Does that help?
Alex
Customer: replied 1 year ago.
thank you - we think its a neighbour who has lived here for 40+ years - doesn't like that we have commandeered it and our other neighbour is a parish councillor. We think they are trying to stop us. Is there anything else a parish councillor / city council can also 'do' to take us to court? As I say no- one is the registered owner.
Customer: replied 1 year ago.
Would they spend money taking us to court based on two irrational neighbours and a committee?
Expert:  Ash replied 1 year ago.
Its possible, I cant say what the Council would do.
The Council can't do anything else - no.
Alex
Customer: replied 1 year ago.
They also have the Highways onto this as the plot is at the side of a bridle path - not a public highway. What do you suggest we do. Just carry on looking after it despite objections from the locals?
Customer: replied 1 year ago.
Can the council 'claim it as part of the council bridle path highways and byways?
Customer: replied 1 year ago.
If we put in a statement of truth form: ST1 in support of an application for registration based upon adverse possession - would that prove that we have registered our interest?
Customer: replied 1 year ago.
Are you still there?
Expert:  Ash replied 1 year ago.
You need to show 10+ years of access. If it hasnt been used then it cant be a bridle path or highway - its abandoned!
Alex
Customer: replied 1 year ago.
If we put in a statement of truth form: ST1 in support of an application for registration based upon adverse possession - would that prove that we have registered our interest?
Can the council 'claim' the land it as part of the council bridle path highways and byways?
Expert:  Ash replied 1 year ago.
No. You need 10+ years.
You dont have that. They can only claim it if it has been previously claimed as a bridle path.
Alex
Customer: replied 1 year ago.
thank you - no, it is not part of the highways/ bridle path - as we think it was part of the original garden which runs parallel to the bridle path. We think that it was part of the garden, as a field to the back of it has a scrubby wire fence absolutely covered with brambles. Again no access from the field to the bridle path at his point of the plot.
We will continue with the looking after the plot. Can we do this despite local objectors who have done nothing to keep this plot clear??
Expert:  Ash replied 1 year ago.
Yes you can continue doing this.
Alex
Customer: replied 1 year ago.
thank you Alex - we feel a lot happier with this, as we feel were being completely left out of 'local, neighbourhood' discussions. The locals seem to think they have a right to park their cars, now that we have properly cleared the area - but some good large stones have stopped this activity.
thank you again and we will pursue the registration in 7 years time - or hand over the matter to new owners if we ever decide to move in the meantime?
Customer: replied 1 year ago.
Can we fence the area off ?
Customer: replied 1 year ago.
can the locals legally stop us too?
Expert:  Ash replied 1 year ago.
Yes you can fence the area off. Yes you can hand over to new owners in the meantime.
Alex
Customer: replied 1 year ago.
Could the local parish council parish or District Council make us take the fencing down? What height can we make it?
Expert:  Ash replied 1 year ago.
2m maximum.
Alex
Customer: replied 1 year ago.
Could the local parish council parish or District Council make us take the fencing down?
Expert:  Ash replied 1 year ago.
Only with a Court order.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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