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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I live in a terraced property in a rural area. My garden is

Resolved Question:

I live in a terraced property in a rural area. My garden is divided roughly into 3, a patio area and 2 further areas with grass and shrubs both of which are very overgrown. About 18 months ago a neighbour asked if he could take care of the lower part of the garden saying that he wanted some more room to grow fruit and veg. He offered to take over the lower part of the garden (although he explicitly stated that the garden would still belong to me, he wasn't offering to buy it) in return for keeping it tidy.

I was happy for him to do this and agreed.

Another neighbour has now complained to me that he has taken down the old summerhouse in the garden (it was dilapidated, but not derelict), has put up a shedd on the land, and is keeping chickens. He's also been putting up large bonfires while I've been out at work all on my land.

I'm now wondering if I've been rather foolish, and that he may be trying to claim the land in some way. Where do I stand legally on this?
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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

You do not need to worry.

Alex Watts :

In order to make a claim for possession of the land he needs to have 10 years exclusive access and then make an application to the land registry for possession.

Alex Watts :

The land registry will notify the owner (you) to see if you object to him having the land as his own

Alex Watts :

I assume you would so do object.

Alex Watts :

His application for possession then fails

Alex Watts :

So you have nothing to be concerned about as you can object to him having the land and there is nothing he can do

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

So the fact that hge's using it as sort of agricultural land (the chickens) makes no difference? Some friends had suggested that might mean that he would be able to make an earlier claim to it.

Alex Watts :

Makes no difference whatsoever.

Alex Watts :

The law says that he must have possession excluding all others for at least 10 years

Customer:

And that's because it's specifically my garden, so registered to me with the deeds?

Alex Watts :

Yes

Alex Watts :

Can I clarify anything?

Customer:

Finally....I know this may be a difficult one for you to answer. As he has now put a building up on the land that I didn't give permission for, would it probably be best to ask him to remove himself and his building to his own land, or could I charge rent for the use of the building, asI didn't give him permission to put up the building nor to pull the old summerhouse down.

Alex Watts :

Well you can't charge for use of the building because you dont own that - you own the land.

Alex Watts :

So you can charge rent or make him take it down

Customer:

Very last thing - the fact that the land was overgrown still makes no difference to any claims he might have?

Alex Watts :

None whatsoever

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’.


 


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Customer:

Many thanks. I'm feeling a lot happier about this, and yes of course I'll rate you!

Alex Watts :

Thanks. All the best

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