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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 1767
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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Have cleared and maintain waste land next to my home for 12

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Hi, have cleared and maintain waste land next to my home for 12 year, putting a boundary fence in place and laying a Ken etc, can I claim the land through adverse possession?
JA: Where are you? It matters because laws vary by location.
Customer: Derbyshire
JA: What steps have you taken so far?
Customer: none just enquiring
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, will this cost me anything to speak with them
Customer: replied 4 days ago.
It should say laying a lawn
Customer: replied 4 days ago.
There no public right of way and the only way to get to it is through my drive way

Yes, you can potentially claim adverse possession. You will need to instruct a solicitor to do this as it is not a straightforward process. However, if you have maintained the land for over 12 years you can make a claim for adverse possession. There is a process where there will be an attempt to see if there is a current owner of the land to be found (this would not automatically discredit your claim). Once that has been done then the courts will make a decision. Your lawyer will let you know what is required form you but to help, you will want to gather any evidence you may have to show you have maintained the land for this period of time. This could be as simple as receipts for the lawn etc.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. I won’t be paid for my time from the website if there is no rating left for me.

Many Thanks


Ross Miller and 4 other Law Specialists are ready to help you
Customer: replied 4 days ago.
Really appreciate the advice, what sort of cost will it be to complete the work
Customer: replied 4 days ago.
5 stars on the way

The cost depends on how much work is needing done you would have to ask the solicitor you instruct. Wish I could help more with that part.

Customer: replied 4 days ago.
Thanks Ross appreciate the advice

You're welcome and all the best.