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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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We have a grass verge outside our house on a housing estate

Resolved Question:

We have a grass verge outside our house on a housing estate that has not been maintained by the local council for over 27 years. Who owns the grass verge? I have been told that if it is not maintained for over 10 years by the local council we can claim it as ours. Is this true?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. I regret to say that it is no longer possible to claim ownership by virtue of possession to registered land since 2003, as adverse possession, sometimes called "squatter's rights" was abolished in relation to registered land. As your land is one on which a housing estate was built, it is certainly registered land. 90% of land in England & Wales is registered land.
Expert:  Buachaill replied 1 year ago.
2. Accordingly, whoever told you that if land is not maintained for over 10 years, you can claim it is incorrect. This is no longer law. Even under the old law, you would have to have fenced off the grass verge in order to make a claim to it. So, even under the law before 2003, you would not have got the ownership of the grass verge.
Expert:  Buachaill replied 1 year ago.
3. Please RATE the Answer as unless you RATE the Answer, your Expert receives none of the money you have paid the website so there is no incentive to answer any further questions.
Customer: replied 1 year ago.
So in that respect who is responsible for maintaining the grass verge. The grass verge on the opposite side of the road in front of some rented properties is maintained by the local council but they never cut our side.
Expert:  Buachaill replied 1 year ago.
4. If the Road has been adopted by the local Council, then the onus falls upon the Council to maintain the grass verge. However, if the road is a private rohe ad and has never been adopted by a formal resolution of the local Council (and thereby become a public highway) then the landowners who own the road and the land either side of it bear the obligation of maintaining the road and the grass verge. So you should know if the road is a public highway and adopted by who does the road maintenance. If the Council does the road maintenance, then it is a public highway. If some other person or body does the road maintenance, then it is a private road.
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Customer: replied 1 year ago.
Ok thank you for the info.