How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

My house is on "t" junction. There is pavement then an

Resolved Question:

My house is on "t" junction. There is pavement then an area of land approx 160' x 10' that follows the line of the pvement and comes up to the side wall of my house. This land is overgrown with weeds and bushes and is an eyesore. The highways dept comes and cuts it down every now and then usually when I complain. The bushes break my fencing and I have difficulty maintining my fences. Can I get this piece of land incorporated into my garden so that I can maintain it my self, if so how do I go about doing it.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Are you not able to maintain it now? Have you spoken with the Council about this please?

Customer:

I have sent e-mails to my local councillor but never get replies. About 2 years ago when they changed to Cheshire East a guy came round from the council asking who was responsible for the land when I said I thought it was the highways dept he said it was strange since then it has only been cut down once. I have difficulty getting to my fence to paint it and as I said the fence panels regualy get broken from the branches

Alex Watts : Ok. You can maintain it but you won't be able to claim it is your own land.
Alex Watts : This is because to claim what is called adverse possession you need to fence the land excluding all others and have occupied it like that for 10 years.
Alex Watts : I assume you have not exclusively occupied and excluded all others.
Alex Watts : Therefore sadly you can not claim the land without doing that and having done so for 10 years.
Alex Watts : But if it is a mess you can maintain it.
Alex Watts : Indeed you should write to the Council and ask them if you can or request that they do.
Alex Watts : If they do not reply or refuse then you can complain to the Ombudsman
Alex Watts : They are free and independent. Their website is www.lgo.org.uk
Alex Watts : But to claim possession you need exclusive access for 10 years.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

If the council did cut the bushes down during the 10 year period would that mean that I could not claim exclusive access.

Alex Watts : No. You need to have it fenced off so no body else could get in.
Alex Watts : Does that clarify?
Customer:

Sorry I'm must appear a bit thick but not sure if it's yes or no. I have lived in the house for 18 years. The only people who have been on this land in that time is the council when they have cut the trees down which has been about every three years. So my thinking is that the 10 years is well and truly up if that does not count as access. However there is no fencing up to stop anyone going on it if they wanted to, but the way the bushes have grown does act as a barrier. Most people in the area already think it belongs to the house as I get at least one complaint every year.

Alex Watts :

The answer is no.

Alex Watts :

I am sorry.

Alex Watts :

Does that clarify?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash and other Property Law Specialists are ready to help you