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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi my husband & myself have been using a piece of waste land

Customer Question

Hi my husband & myself have been using a piece of waste land for parking our cars for 28years (its not fenced off ) ,we live on an unadopted road which my husband widened with the permission of each household so they could park outside there own houses , we then cleared a piece of waist ground for our cars (3) the ground was unfit for parking at the time we have curbed it gravelled it made look far better . I have wrote to the local council / city council and highways no one owns the land ,so i got a solicitor on to the land register and was turn down have you got anything i can do now as i fell im getting nowhere thank you mrs michelle houghton
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and 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 : Sadly not.
Alex Watts : This is because one of the tests to register land via what is called adverse possession, is that you exclude all others.
Alex Watts : If you have not fenced it off then sadly you can exclude everyone else.
Alex Watts : What you need to do is fence and gate it, excluding all others and then occupy it like that for 10 years before you can apply for adverse possession.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-ueuyajkv- : If we fenced it it could course more animosity with neighbours who want to start parking there and could they report me to the council
Alex Watts : They could, but if the council does not own the land,there is not much they can do
Alex Watts : They can't stop you from parking there, unless its their land
Alex Watts : Does that help?
JACUSTOMER-ueuyajkv- : Yes thank you how high should we put the fence as there is a limit isnt there ?
Alex Watts : You can put up to 2 meters.
JACUSTOMER-ueuyajkv- : If we put 1metre would that be enough or has it got to be high enough so people carnt get in ? Sorry i just need to now if its to stop people getting in the area
Alex Watts : Yes 1 meter is fine.
Alex Watts : You just need to fence it off excluding all others.
JACUSTOMER-ueuyajkv- : Thank you very helpful
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’.Please bookmark my profile if you wish for future help: