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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10776
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I acquired a derelict property in 2003, I find now that my

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I acquired a derelict property in 2003, I find now that my garden is encroaching on waste land belonging to the local authority. What are my rights in this regard please ?

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Could you please confirm if the local authority land is within the physical boundaries of your property (ie is it within the boundary fence of your property)?

Do you know if the local authority land is registered at the Land Registry?

I look forward to hearing from you.


Customer: replied 3 years ago.

Hello Al

Yes the disputed land is within my fencing , I am not sure about the land registry I have asked them for this info but as yet have not had a reply.

The land is bordering on a disused canal and I have reason to believe it was adopted from our old urban district council.

Hi Les,

Thanks for your reply.

Well, if the land is within your property boundary, and forms part of your garden, you have acquired the right to apply to the Land Registry for possessory title of the land, under the adverse possession law.

This states that where a party posssesses land, which does not legally belong to them, and this possession has not been with the legal owner's consent, they can otain possessory title of the land, where this possession has been ongoing for 10 years (if the land is registered at the Land Registry) or 12 years where the land is not registered.

I would therefore suggest that you contact a local Conveyancing Solicitor to progress matters- he will be able to check if the land is registered or not, as well as helping you with your application to the Land Registry for possessory title.

I hope this helps and sets out the legal position.

Kind Regards


Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Al

Many thanks that is most helpful

Best regards

Les Cheetham