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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 27102
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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WE HAVE A GRASS VERGE WHICH WE HAVE MAINTAINED, MOWING

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WE HAVE A GRASS VERGE WHICH WE HAVE MAINTAINED, MOWING PLANTING FOR OVER 25YEARS CAN WE CLAIM RIGHT TO THIS VERGE?
JA: Where are you? It matters because laws vary by location.
Customer: CHESHIRE UK
JA: What steps have you taken so far?
Customer: NOTHING AT THE MOMENT THE HIGHWAYS ARE WANTING TO WIDEN THE LANE AND USE THIS GRASS VERGE I HAD READ A CASE WHICH WENT TO COURT AND THE COUPLE WON THE RIGHT TO THE LAND
JA: Anything else you want the lawyer to know before I connect you?
Customer: NO JUST WOULD LIKE TO KNOW WHERE WE STAND THANK YOU

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years experience.

  1. Would I be correct to presume from what you say that you have not enclosed the land, but rather have used it and maintained it but left it unenclosed?
  2. If that is correct what have you used the grass area for in practice?
Customer: replied 7 days ago.
we have not enclosed this land we keep it mowed and have planted bulbs and shrubs we have placed wooden small posts to stop cars going onto this. The council have never mowed this verge
Customer: replied 7 days ago.
I cannot take a call today I would prefer to have email as I can see that instantly thank you

Thanks. So would it be reasonable to say that you have used it in effect as an extension of your garden?

Customer: replied 7 days ago.
YOU COULD SAY THAT BUT IT IS NOT NEAR OUR GARDEN ITS AT THE END ON OUR DRIVEWAY

thank you. Based upon what you describe, you would not have a claim to legal ownership of the land because despite your maintaining the land for the requisite period, it has not been enclosed and one of the basic requirements for claiming adverse possession of land is that you have taken steps to exclude others from it which will almost always require enclosure by some means.

However, based upon what you say, you would appear to have a claim for what is known as a prescriptive right over the land. A right claimed by prescription can be made when you can demonstrate you have used land in a particular way for a period of 20 years or more without permission of the landowner and without secrecy. Where you can demonstrate this, you can claim a legal right to continue to use the land in the manner in which you can demonstrate you have done for the above.

Having registered such a right, if third party act in such a way as to remove or interfere with your rights, this is actionable on the basis that it is a derogation of your rights.

in order to claim a prescriptive right, you would need to produce a statutory declaration or statement of truth as regards ***** ***** of the land of the period of your use. If you have any supporting evidence this can be included though statement on its own is sufficient to claim the right. This can then be registered at the Land Registry

however, the council have the ability to challenge any right you claim both before and after it has been registered at the land registry and accordingly, if you have supporting evidence to support your own statement or neighbours are prepared to provide supporting statements, this can help defend against any such challenge.

If You decide to move forward with such an application, you can use this form to provide a statement, though it is often wise to appoint a solicitor to assist you with making an application to give best chance of success.

https://www.gov.uk/government/publications/prescriptive-easements-statement-of-truth-st4

If you need any further assistance with the above, please let me know

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to rate my service by selecting the 5 stars at the top of the screen before you leave JA today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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