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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10458
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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We have lived in our house since 2003. We have some access

Resolved Question:

We have lived in our house since 2003. We have some access land into our property, shared with our neighbour. We, along with our neighbour want to fence off this land. We have maintained it since we moved in. Fencing off the land will not affect any other neighbours. What does the law say about this?
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Is the land used only by you and your neighbour?

Do you know who owns the land, and do you both have rights of way over the land?

Is there any particular reason for you to want to fence off the land?

I look forward to hearing from you.
AL
Customer: replied 3 years ago.

Hi Al, Yes we are the only two houses with shared access over the land and yes it is only us that will use it. The other reason for fencing is to make it safer for the children.


Steve

Expert:  Aston Lawyer replied 3 years ago.

Hi Steve,

Thanks for your reply.

There is no legal reason why you both shouldn't fence off the land, as it is not used by anyone else.
The only thing you would need to check is that you wouldn't need planning permission, but this is only relevant if the fence were to obscure the view to the public highway.

I hope this assists but please let me know if you require any further clarification.

Kind Regards
AL
Customer: replied 3 years ago.

I forgot to mention nobody knows who owns the land. Do you mean that the fence should not block our view of the public highway or someone else's view?

Expert:  Aston Lawyer replied 3 years ago.

Hi Steve,

It's fine for the fence to block your view to the public highway- what I meant was that if part of the fence is to be near a public road, you are best to just check with the Council's highways department that they have no objection to it.

Normally, provided it is under 5 metres in height and does not cause a visibility problem for you and your neighbour pulling out onto the road, permission won't be required.

I hope this assists.

Kind Regards
AL
Customer: replied 3 years ago.

Hi Al, Thankyou for that. Just two more points: What would we need to say to the land registry to have the land marked as ours and can we have a print out of your answers? Steve

Expert:  Aston Lawyer replied 3 years ago.

Hi Steve,

If a party possesses land which does not belong to them, for a period of 10 years or more, without dispute from the true owner, that party can make an application to the Land Registry for possessory title.

To be successful, the Land Registry would normally want to see evidence that the land has been fenced off for this 10 year period.
You would therefore have to show that the land has formed part of your property before the fencing commences.

The only other stumbling block you have is that both you and your neighbour use the land, and to be successful for possessory title, an application has to be made by an individual confirming that their property has had sole use of the land. As the land is shared between you and your neighbour, any application would fail, on the basis that you have not had sole possession. The only way around this would be for you to fence in part of the land and encompass it into your garden/property and your neighbour to do likewise, if indeed this is feasible.

I hope this sets out the legal position.

Kind Regards
AL
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