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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Our house boarders farmland. We have lived in the property

Customer Question

Our house boarders farmland. We have lived in the property for 17 years and have maintained a small piece of land behind our fence (outside of our boundary) to prevent it becoming overgrown and to reduce the amount of rodent and reptile infestation experienced. At no time during the 17 years has the farmer maintained the land or used it to cultivate crops. Six years ago we moved our garden fence to encompass the small piece of land and have used it as part of our garden. We recently received a letter from solicitors representing the land owner asking us to move back our fence or be faced with legal proceedings. There is no possibility of the land being used for crop cultivation as the corner aspect would prevent machinery access. We did attempt to contact the landowner six years ago with a view to purchase the land but they did not respond to telephone calls or a letter sent at that time. Whats options do we have to resolve the dispute?
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.

Hello my name is ***** ***** I will help you.

Just to be clear it's not your land which you have taken?

Customer: replied 10 months ago.
that is true. The land is behind our property. It is unregistered, and farm land, that has not been used for crops and is left to go wild. We have maintained it since 1999
Expert:  Ash replied 10 months ago.

Thanks. Sadly you have to give it back. It's not your land unless you Register it. Squatters rules changed and now even if you show adverse possession you need to make an application to the land registry.

If the owner objects to the application then it fails. So sadly you have no right to the land and would have to give it back. If it went to court you would lose.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?