Can I adopt a tiny bit of land at the bottom of my garden (photos attached)

[BG2015]

We've cleared the bottom of our garden and are undecided whether to replace the rotten fence or remove it and fence either side and adopt the 10 x 10 foot no mans land.

Currently it's full of rubbish that next door have thrown over plus tree debris etc.

Next door have incorporated their extra bit into their garden and is a football area for their son ( see picture). They have lived in their house since they were built 15 years ago. The house next to them have also done it. We have been here 5 years. We aren't going to put anything on it just incorporate it into our garden.

There is a large fir tree that would also need to be cut back quite a bit (hesitant to remove it as it gives privacy). We've tried to read up on the law but it's very confusing. My solicitor did mention it when I bought the house but I wasn't totally sure what she meant (messy separation and head not in the right place)

Any advice would be great.

I have no legal knowledge but my friends did this with a bit of railway embankment. They just had to be clear where the actual boundary 2was when it was sold.

Go for it. Adverse possession 12 years

You can't just move your boundary and take land that doesn't belong to you. How could you even think that would be OK? Consult the Land Registry if you're not sure.

Who does the land belong to? Is it a 'ransom strip'? All land belongs to somebody.

If your neighbours have both done it I would definitely but you would be responsible for the upkeep of the large tree and it may have a preservation order on it.

Have your neighbours purchased the land or ok’d it with the council? If not go ahead I think and if no one contests it within a certain period it becomes yours I believe.

@Thesuzle that is also known as stealing. Squatting then stealing.

@Carrie7469 you can actually. Gov website states ‘ after 10 years’ adverse possession, the squatter will be entitled to apply to be registered as proprietor in place of the registered proprietor of the land’

Is that the neighbour's garden that you've taken a picture of?

I aren't taking the land I'm asking advice about it.

Why it wasn't incorporated into the plots I don't know? Maybe it was for access but I don't know why? It's overrun and an eyesore.

I think I'm going to ask next door about it and when they incorporated it into their garden. Not sure if it belongs to the builder or council .

When we bought our house the previous owners had adopted a bit of land & had a fence around it, so the fence was over the property boundary.
Our solicitor wouldnt allow us to exchange until they moved the fence or took an endemnity policy in case of any issues in the future.

It probably wont cause any issues now but may if you try to sell.

@carrie7469

I don't understand why you would respond so definitively and inaccurately. It's highly likely the OP can do thi, depending on where they live.

In the U.K. .adverse possession is a Well established legal principle for centuries.

Now governed differently, but the principle is similar. OP, see here or similar in whatever country you're in: www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land

From the plan it looks like that path is emergency services access to the road so fencing that could cause appalling issues.

If neighbours have done it on the sly they are hardly likely to grass you up and risk losing their bit.

On the map pic, assuming it's the end circled, there is no line indicating the end of the 3 gardens?

Land Registry will be able to tell you by their Who the land belongs to by doing an idea map search
send a your edged red plan in and description including address to which the land abuts by using an application form which I will attach
Send all the information to
HM Land Registry
Citizen Centre
PO Box 74
Gloucester
GL14 9BB

The photo with the goals is my neighbours garden yes.

They have thrown bags of rubbish, and crap into the bit at the bottom of my garden.

www.gov.uk/get-information-about-property-and-land/search-the-index-map

You can claim adverse possession after 12 years, but only if you have proof that you have been responsible for the upkeep/maintenance etc. If you were to apply to the land registry without any evidence of the above, your application would be rejected.

I did this on a bit of unregistered land. Someone reported me, but the council came round, took a look then left without saying a word. It was never picked up when I sold the house. It had just been scruffy wasteland before.

Do you want to take the fence down in picture 1? So that the trees look like they are part of the garden?

What is the relevance of picture 2?
I don't get it?

Houses 1, 2 and 3 (my house is no 2) have a narrow access path that we use for wheelie bins. House 4 doesn't have this, there gate and access path is in a different place.

The no mans land runs from the road up to my fence line at the right. It's not access for emergency vehicles, it's full of trees, rubbbish and overgrown bushes. You can't even walk through it never mind drive.

I'm worried about the legal implications and where my boundary would be and of course selling on.

I would either contact the land registry yourself or go back to your solicitor for their records as they might know they will still have your file if you moved in 5 years ago
I’m a conveyancer and I have seen many people get told off for doing this

Your map appears to show that you own all the area enclosed by the red line. It's not clear what patch of land you're referring to - are you saying that your fence line doesn't follow the red line? Like this? If so, surely you already own the land?

Picture 2 is the fence that is rotten and needs to be replaced. Beyond that is the bit of extra land. My neighbours garden is to the right of picture 2. To the left of picture 2 is a gate leading along the access path to the road.

Do next door know you are posting pics of their garden?

You need to first check with the land registry who owns the land. And you also need planning permission to change the use of land that is not currently garden into garden. If you don't do this properly it may cause you problems when you come to sell your house as your title plan will be different from what is on the ground.