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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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I live in a house on a lane in Suffolk. The owner of the

Customer Question

I live in a house on a lane in Suffolk. The owner of the land opposite has applied for outline permission to build 42 dwellings on his set aside field. (he is a retired farmer)
The issue is that the Council /Highway authority have not maintained the verges we have. Also the lane in the proximity of the planned application is one vehicle wide and the application suggests that the lane would be widened to take two vehicular access and a new pedestrian footpath. This Would mean encroaching on to our verges , some within the site lines and some outside them.
Can myself and several of my neighbours claim adverse possession of the verges on the lane?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. You would have needed to have fenced off the grass verges for the last 11 years in order that you could claim adverse possession of the grass verges. Absent "exclusive possession" you cannot successfully claim adverse possession to property. So here, you cannot claim adverse possession to the grass verges.

Expert:  Buachaill replied 1 year ago.

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