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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My property on Woodbank Terrace, Mossley is across the road

Resolved Question:

My property on Woodbank Terrace, Mossley is across the road from Milton St John's School.
There is a small area of woodland adjacent to the school which they are planning to fence off. This area has been planted with flowering shrubs and trees and generally been maintained by local residents since I moved here over 25 years ago. I would argue that it is a community asset . With the exception of a similar move to fence it off 5 years ago (which was vociferously rejected by the local community) the school has never shown any interest in it. My question is this ; do they have any legal right to claim it ? Thank you for any help.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** 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 : Do you know who actually owns it please?
Customer:

Short answer is no. The school is unusual in that a right of way thoroughfare runs through it. It is on a steep hillside with clearly defined boundary fences or walls only in some places. The disputed area has never been fenced off or used by the school .

Alex Watts :

The school can't claim it unless it is theirs.

Alex Watts :

The same applies you you, you can't claim it unless it is yours

Alex Watts :

Adverse possession rules have changed which means that you have to make an application to the Land Registry to register the land after 10 years possession

Alex Watts :

If you have not done this - then you do not own it

Alex Watts :

However if you can show that you have used the land for 20 years then you may have a prescriptive right of way

Alex Watts :

This means it can not be blocked off

Alex Watts :

This right becomes absolute after 40 yeasr

Alex Watts :

Therefore if you can show 20 years access, whilst you do not own the land, you certainly can not be excluded from it

Alex Watts :

Can I clarify anything for you about this today please?

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