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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I live with my parents in an maisonette which they have brought

Customer Question

I live with my parents in an maisonette which they have brought .....who have been paying ground maintenance for the grass next to the building for last 20 years ...
We are having renovation done by the council ... To begin with they stated we could have this land to have as a garden but now are stating we can't have this ... Is there any rights in which we have in order to buy this land as part of are garden we could have ??? Please help thank you
Submitted: 4 years ago.
Category: Law
Expert:  Joshua replied 4 years ago.
Thanks for your question. Please kindly RATE my answer when you are satisfied

  1. To be clear please could you confirm that they have been paying for rather than maintenaing the land themselves?
  2. Do you hve evidence that the council said they could have the land? When did they say it?
  3. Can you parents show that they have suffered any detriment in reliance on the statement?
Customer: replied 4 years ago.
Yes they have been paying its called ground maintenance , unfortunately it was word of mouth whilst they are doing the renovation but the gentleman said it has left the job ...
They going to gate the area off but the have moved where the are putting this ... Now the gate and fence come off the side of our walls in which it the side of our house will be the only grassed area in which the children will be able to kick the ball up the side of our wall...
Expert:  Joshua replied 4 years ago.
Thanks. There are three bases on which they could seek to obtain ownership of the land. other than of course by agrement with the council as owner.

The first is if they could show that they have maintained and occupied the land for 10 years or more which based on what you say I do not see that they could.

The second is if you could show that the council had made a respresentation that they could have the land - this could operate as a gift but the would need to evidence this which based on what you say would again be difficult.

The third is based on estoppel - that the council said the could have the land subject to a condition and they have acted to their detriment in fulfilling that condition then they could seek estoppel to prevent the council going back on what they said, Again however they are likely to find this difficult from what you say.

Does the above answer all your questions or is there anything I can clarify or help with any further?
Customer: replied 4 years ago.
Thank you but it don't ... I need to find a way if getting that land
Expert:  Joshua replied 4 years ago.

They can adversely possess the land - the way to do this is to exclude others from it - boundary structures are the usual approach. the risk here is that the council will askk them to take them down.

It is for fairly obvious reasons not possible just to claim other peoples land in any circumstances. You must find a basis for a claim in law. The above categories are the only ways you can do this. If you can fit the circumstances to one of those legal rights you have a case.

You could as a final alternatie ask the council if they would grant a licence to your parents in return for a small monthly fee they would maintain it for the council.

I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me.