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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Reasonable or grabby neighbours?

120 replies

Housen · 30/05/2025 15:12

There’s a no-man’s land back passage running behind three terrace houses (1,3,5). According to land registry this is owned by no one (unregistered land). We own no. 1 (recently bought) our neighbours own 3 and 5 (yes they own 2 houses!) they have one 15 yr old kid.

Neighbours have put a locked gate on the passage and claimed it as their own. They store their bins and bikes back there- including in the space behind our garden.
We asked if we could store our bins there too - there’s space for at least 2 more bins without blocking the way. (our garden is much smaller than theirs and we have three small kids, 1-5 years. the bins in our garden take up a load of space where we’d love to put a playhouse).

Neighbours have said no. They have said since they’ve been using this passage as theirs only for years (because they put a locked gate on it and our house was occupied by lodgers who never bothered to challenge this) , it’s now legally their property and we have no right of access and they are not willing to share.

Do we have any leg to stand on here? I’m guessing not, but thought I’d consult the collective wisdom of mumsnet..

We live in England.

Also AIBU for thinking our neighbours are absolute a*holes? We’ve had friendly relations until now.

OP posts:
Caroparo52 · 30/05/2025 17:05

They don't own it. You have to apply to the Land Registry and prove exclusive use for 20 years in order to be granted ownership. Official process takes 2 years in my experience.

They are bluffing op.
You should stick your bins in there too and tell them its not their private land but unclaimed land. Do something now because in 20 years it may become their land if its not challenged by you
..

TheCheeseTax · 30/05/2025 17:04

Genevieva · 30/05/2025 16:59

clumsily written, perhaps, but true.

It’s possible but unlikely that a passage behind the properties is privately owned but not registered, but the description sounds more like a publicly accessible footpath that goes nowhere and is, like a verge, owned by the council by default.

You are simply unable to assert that and in the example you give, likely still incorrect.

OP - are you able to provide a plan? One that wouldn't give away your address (so take out the title number and road names) but is the Land Registry filed plan (which isn't gospel, by the way, loads of people think it is, it isn't).

TheCheeseTax · 30/05/2025 17:02

Shark321 · 30/05/2025 16:59

Can you move your fence and take the land that is behind your garden?

Alternatively, can you buy the land?

They need to approach the owner to buy the land, and they don't know who the owner is because it's unregistered.

They could move their fence in a sort of land grab, but that has its risks too.

It is highly likely that the access is there for the benefit of the homeowners (if it looks like what I think it does in my head). The titles of those properties ought to refer to a right of way over the land, if they don't, I would seek to register a caution over the accessway which tells people that whilst it's unregistered, there are people here with prescriptive (over time) easements over that land.

It would be best if you could find the deeds to the land and those deeds confirm the grant of easements to the homeowners, inc you. This grant of easement will come with covenants - i.e. not to obstruct the accessway and perhaps a joint duty to maintain.

Failing that, the easement is SURELY prescriptive by now (length of use) and I'd go down that road...ask a local solicitor to look into it for you. An actual solicitor, nothing less. Where are you based?

GRex · 30/05/2025 17:00

Oh please buy it!

Genevieva · 30/05/2025 16:59

TheCheeseTax · 30/05/2025 16:57

LOL.

100% not true.

clumsily written, perhaps, but true.

It’s possible but unlikely that a passage behind the properties is privately owned but not registered, but the description sounds more like a publicly accessible footpath that goes nowhere and is, like a verge, owned by the council by default.

Shark321 · 30/05/2025 16:59

Can you move your fence and take the land that is behind your garden?

Alternatively, can you buy the land?

TheCheeseTax · 30/05/2025 16:57

Genevieva · 30/05/2025 16:56

Speak to the council. Unregistered land is theirs by default. And the law on adverse possession has changed to protect property owners, so is not in their favour.

LOL.

100% not true.

Genevieva · 30/05/2025 16:56

Speak to the council. Unregistered land is theirs by default. And the law on adverse possession has changed to protect property owners, so is not in their favour.

Fingernailbiter · 30/05/2025 16:43

The solicitor who handled the purchase / your surveyor ought to have found out the truth about this, surely?

TheCheeseTax · 30/05/2025 16:35

Also, save your breath re the Council, they will give precisely zero fucks.

AgnesX · 30/05/2025 16:35

Housen · 30/05/2025 15:44

They haven’t formally grabbed it yet- although they have now stated their intention to. But we can’t put our bins there as they have put a lock on the only gated access. We could knock a hole in our back wall and access it that way but that would be very nuclear !

Better get a move on and get your claim in!

I've no idea of the process unfortunately.

TheCheeseTax · 30/05/2025 16:35

IAAL (I am a lawyer) and surely there is something in the deeds about a right between the houses?

BobbyBiscuits · 30/05/2025 16:34

I would tell the neighbours you know the land is unregistered but that it's only fair that they use the parts directly behind their own property, and you have access and use to the part behind yours.

If you subtly explain you might need to involve the council I'm sure they'll relent. Rather than risk being barred from using the land at all.

Whatthetrolley · 30/05/2025 16:29

YABU @Housen because everyone knows in these situations we need a diagram to visualise 🤓

(But they sound like grabby CFs)

Muffinmam · 30/05/2025 16:28

Housen · 30/05/2025 15:18

Thanks that’s a good suggestion to contact the council. I doubt they will know though..?

Why wouldn’t they know?

Isn’t it possible to just look this up?

menopausalfart · 30/05/2025 16:20

You find out what your neighbours are like when you need them for something. I thought mine were nice. They've proved they're absolute assholes today.

Stirabout · 30/05/2025 16:12

Spirallingdownwards · 30/05/2025 15:40

Seriously just Google adverse possession and see whether what they have done to claim ownership complies. If it does they are correct.

@Housen

We claimed adverse procession on a property.
We had it because the police put a lock on the door to stop burglars and gave us the key.
So the lock and access was legitimate and proveable

If your neighbours have erected a gate and locked it when there wasn’t one there before they are hiding what is essentially theft. They cannot hide it. It must be visible so people can be aware and object.

It’s like that guy who built a property without planning behind hay bails. He had to take it down partly because he hid the deception

Stirabout · 30/05/2025 16:08

GreenCandleWax · 30/05/2025 16:05

Its less than that. You used to be able to claim land was yours via adverse possession if you had occupied it for twelve years, and nobody had challenged ownership during that time. I believe the time was reduced to ten years. Check this out legally OP because if they have not treated it as their own for enough years and/or they have been challenged during that time, they probably cannot claim it is theirs.

@Soonenough
Its 7 years

ladymuckofthemanor · 30/05/2025 16:08

if it’s unregistered it will cost you about £300 in conveyancing fees to buy it. Check with council that they are willing sell it to you.

please buy it and present the evidence to CF neighbours. We are all willing you on!!

50lbstolose · 30/05/2025 16:08

Let us know how you get on with the council

WiddlinDiddlin · 30/05/2025 16:07

Adverse possession only applies if there was no permission to use the land for access/whatever.

SO if there was a right of way across it, or to use it for storage they had permission to use it... that means their adverse possession claim may not stand.

yoyo1234 · 30/05/2025 16:07

If "unregistered" then adverse possession claim has not been formalised.

Stirabout · 30/05/2025 16:07

Housen · 30/05/2025 15:42

I think unfortunately it probably does comply, although I don’t know if they can prove how long they’ve exclusively been using the passage but they have owned both houses for more than 12 years,

They will need to prove sole use to apply for adverse pocession .
Its 10 years for property now but 7 years for land in this case

They need to show the land is open and they didn’t break in.
They need to prove they haven’t hidden their usage ( a gate could be an attempt at this if it’s a high gate )
They need to evidence both usage and maintenance during the 7 year period

plus
If you do find you have a right of way etc then you can of course object should they apply for adverse procession and they will not be given ownership.

It’s worth noting unless they have claimed adverse procession the property cannot be theirs and you can, therefore, use it. It’s not there’s to deny the access of others.

Id call land registry. Find out if there’s an owner ( there’s no need to mention the neighbour ) If there isn’t it’s regarded as crown land and I’d buy it.

GreenCandleWax · 30/05/2025 16:05

Soonenough · 30/05/2025 15:14

I believe twenty years is the limit ? And tell them.to prove it . Equal access would apply .

Its less than that. You used to be able to claim land was yours via adverse possession if you had occupied it for twelve years, and nobody had challenged ownership during that time. I believe the time was reduced to ten years. Check this out legally OP because if they have not treated it as their own for enough years and/or they have been challenged during that time, they probably cannot claim it is theirs.

DisforDarkChocolate · 30/05/2025 16:03

I thought the rules on adverse possession had been updated to make this much harder.

Do you have legal advice with your house insurance?