Hello,I am Law Denning and I am a practising solicitor in a High Street practice. Ihave been an expert on this website in UK law since 2008. During that time, asyou appreciate, I have answered thousands of questions from satisfied users ona variety of subjects. Because we are all in practice with clients and courtand other users, I might not always respond in minutes, particularly eveningsand weekends. Please bear with me in that caseIt is my pleasure to try and assist you with this today. Please bear with mewhile I gather some further information from you in order for me to be able toadvise you fully.
UnlessI have all the facts that I need, my answer would not be accurate.
Do you have no idea at all who might own it?
Thank you for responding. I have been trying to get this information for some time, it appears that during the process of the land being individually purchased over the years that this particular stretch was not taken by anyone. So therefore it would have been the property of the original owners of the manor house
The current owners do not own the lane
Of the Manor house? How do you know? Have they said that they don't?
Is the use of this lane not documented anywhere? Why do you want to own it in particular as opposed to just continuing to use it?
That is correct, they do not own it. The use of the lane once upon a time was the service entrance to the manor house back in the 1550s. it is now used for access to the residents of the hamlet and the local farmers. The reason that we would like to take ownership of it is because there in an increasing amount of dog walkers, ramblers, bikers who using not only the stretch in question but the whole lenght of the lane, litter is being left behind and dogs are fowling the lane. We have recently paid £29,000 to have the track repaired so the only way that we will be able to stop people from using it is if we own it
We already have a no access sign 500 yards down the track which people are ignoring so gates would be an option. As the farmer is a resident on the park and contributes to the upkeep i am dure he will have no objection
Because we dont own it so surely we do not have that right
I accept that youdo not own it however your extensive search has failed to find anyone whoappears to own it and it is highly likely that if someone does lay claim to it,if you put gates on it, they will come out of the woodwork.
At this stage intime, as it has been used by other people there is an argument that you havenot had exclusive possession of it as the world and its mother appears to havebeen walking up and down it and using it as their's also. It really comes downto whether anyone who now uses it would object to your application for adversepossession.
There would be noharm in making the application which would have to be made by all of you andthe farmer, and to see whether anyone comes forward objecting. The landregistry guide for adverse possession of unregistered land is here http://www.landregistry.gov.uk/professional/guides/practice-guide-5
all of you wouldobviously have to be responsible for the application costs and dealing with anyland tribunal hearing.
I am off-line nowuntil tomorrow but will pick this up then if needed
Does that answerthe question? Can I assist any further?
I am happy tofollow up any individual point you make
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There are a couple of things i would like to speak to the farmer about may i continue tomorrow