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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10451
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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My property backs on to land owned by the local council, it

Resolved Question:

My property backs on to land owned by the local council, it is a public wooded area. The council have cut the grass and cleared footpaths etc. I have lived here for 16 years and have regularly maintained the15-20ft laurel trees bordering my fence, on the council land, at my own cost. If I have maintained them, unassisted by the council, for more than 12 years, are they and the land they grow on mine by adverse position?
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

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

So I can answer you fully, could you confirm that the trees are on "the other side" of your boundary fence, or have you in any way fenced in the land on which the trees are situated so this land now forms part of your own garden?

Any further information you can give me would be appreciated.

I look forward to hearing from you.

Al

Customer: replied 2 years ago.

Unfortunately the trees are on the other side of my boundary fence. Are there any exceptions when a homeowner has maintained them?

Expert:  Aston Lawyer replied 2 years ago.

Hi Julie,

Thanks for your reply.

I am afraid you have not gained any legal right or ownership over the trees/the land.

Although you have been good enough to maintain the trees over the years, as there has been no "possession" of the land by you, you would be unsuccessful in trying to claim adverse possession. This is because, to be successful, you would have to show that you have possessed the land to the exclusion of the true owner.

I am sorry this is not the answer you were looking for, but sets out the legal position.

Kind Regards

Al

Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you, ***** ***** as much!

Expert:  Aston Lawyer replied 2 years ago.

Thanks Julie.

If you are "happy" with my Answer, I would be grateful if you could leave positive feedback.

Kind Regards

Al

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