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