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.

The people who also back on to the plot from the road behind you ? No. 31. Might have their eye on it our be annoyed that you boundary now comes all the way to your fence.

Have your neighbours stolen the pink bit and you want to steal the green bit?

I think a wildlife corridor is a distinct possibility.

Can you access the original planning application online?

Looks like access to all the garden along your row and the houses who's gardens back onto it too.
Your neighbours are cheeky fuckers!

So sad if it is a wildlife corridor and your CF neighbours (and you potentially) have just enclosed & astroturfed over it.
It's so depressing.

You need to understand who owns it. That’s your first step. You can’t just take it and not find out.

I would just replace your fence and not bother trying to claim the extra land. It'd probably be more hassle than it's worth in the long run. If you are determined to though, the best thing would be to talk to your neighbours about it as they might have more insight into what the land was originally for/who it belongs too.

So sad if it is a wildlife corridor and your CF neighbours (and you potentially) have just enclosed & astroturfed over it.
It's so depressing.

Yes it's really sad

From the red outline it looks like your land runs straight through to some sort of track. Are you saying you want to fence in the bit that appears as track on the outline, the bit I've coloured in green? I'm not clear on where it is you mean.

You can forget about the 12 year adverse possession. Rules on that changed in 2002 and peoples general belief is outdated and wrong. It is now very difficult to claim land.

Seems if no-one is maintaining it then if you fence it in I doubt you'll have any issues as long as you appreciate it's not yours and make it clear come any sale

it looks like your neighbours haven't stolen anything and the bit you want to steal is the access path that runs up to your neighbour's property.

If you look every garden has an access path coming from somewhere. If you take that land, your neighbour will no longer have an access path, whether they use it or not doesn't matter. it isn't no man's land, there is a right off way on it.

Forgot to attach pic!

So it's behind the access path as per @SoupDragon 's post? In which case on your original plans, it looks like the no man's land/ strip/ whatever carries on quite along way to the left of the plan? Or is that now built on?

I’ve never had a property with a wildlife corridor. Would it show on the deeds?

if I've read it right? red is OP house, black is neighbour, green lines show access to everyone's garden.

if OP takes the land it leaves neighbour with no access path. its doesn't matter they don't use it, it has a right of way on it.

if you talk to a solicitor and your neighbour you may be able to take the land over, but I wouldn't do it without legal advice.

Wildlife corridors are common in "new build" developments, in past 20 odd years. It won't show on house deeds as is usually retained by developer or council.

no sorry reading through and looking a the pics again. I got the houses mixed up.
your neighbour has other access.

I would still get legal advice though.

Where the houses at the back built at lot earlier?

it might be that the building company only got permission to build by leaving the trees for privacy for the existing residents. if the trees were built into your boundaries there would have been the chance they could be cut down by you or your neighbours, breaking privacy of the other houses that should have been guaranteed to allow planning permission?

On the Plan there is a red outline around the property, but it seems to show that the property is No 3. Didn't you say you were property No. 2? If so, this plan is showing your next door neighbour's plot, which does suggest that they own the land outlined in red. No. 2 ends where the access path is shown in yellow. Are you trying to incorporate the bit in yellow at the end of property No.2?

You need to do a Map Search here eservices.landregistry.gov.uk/eservices/FindAProperty/view/MapEnquiryInit.do to determine who owns the access passage. If it is unregistered, then you can fence it off and apply for adverse possession in 12 years time if no-one objects or tries to claim it.

If the access passage is registered however, it is more difficult because even if you do manage to fence it off for 12 years and apply for adverse possession the Land Registry will write to the registered owner to enquire whether they have any objections to you taking the land. If they raise an objection, you would have to remove your fence and give it back.

Bear in mind that if you do decide to sell in the near future, the title plan will not match the actual garden on the ground and there will be enquiries made in this regard. It is often better to be upfront with the buyer/EA at the start to say where the actual boundary is. You may have to put up a physical boundary in the original spot so that the EA values the property at the price without the extra land. Otherwise they may advertise the property at a higher price thinking that the bigger garden adds some value, then the buyers find out that the extra bit of garden actually doesn't belong to the property and they want a reduction in purchase price to compensate. Potentially this could add a month or so to the whole transaction.

Access passages are often there for a reason. The fact that no-one uses it and it is filled with rubbish doesn't mean that the access passage can be blocked off by people in the neighbouring properties.

People at the bottom of our street did that and built a huge shed on the land. The council came along and asked for £20K for it. They had to cough it up. We are in Scotland, so it might be different in England.

Are you sure it’s not registered? It may appear to be no-mans land to you, but it could well be a wildlife corridor, random strip or some kind of access for an organisation to their land/assets. I work for a public body which has large land holdings. To those outside the organisation, it would appear that a lot of these are “waste land”, but they actually provide alternative access to critical infrastructure if the main access becomes inaccessible. Whether they are being properly maintained is a different matter!

Good point bike I have a similar path along the back of my garden. The waste water pipes are there and gas I think too.
The water company occasionally need access to unblock the drain.

Tara the triangular bit is someone's garden in a very large plot. Yes the pathway stops at my garden gate.

I am only thinking the very tiny bit of land directly at the end of my garden. I don't want the whole strip it would cost me a fortune to clear it and fence it as all of the fencing is rotten.

The house numbered 11 on the builders plans have also adopted a strip of land as there fence line is different. So that's 2 properties that have done it.

The house backing onto me has a very large square garden so could adopt all of the whole strip if they wanted to but they would have a massive garden if they did. I'm going to investigate further and see.

I do wonder whether it's a privacy thing to separate the older houses from our newer ones or maybe a wildlife corridor.

If it is a wildlife corridor it now stops at my neighbours property and looking through my window on the third floor it seems everyone has taken this corridor over as it doesn't exist anymore.

I wouldn't do this unless it was legal and above board, hence me asking the question in the first place.

I bought a plot of land a number of years ago and there were 3 covenants on it, one of which was held by someone who was living abroad. It was a nightmare to get planning permission passed and added loads of time onto our purchase and build. I wouldn't want to put a potential buyer or myself through that additional hassle.

We've got a residents Facebook group so I've asked on there if anyone knows why it's there.

My neighbours are CF anyway, regardless to the garden, but that's a whole other thread.

Are you no. 2 or no. 3? All your plans are for no. 3 but you said you were no. 2!

It looks to me as though this was probably a right of way for rear access to the older properties behind your houses originally. It would be worth checking with your local highways department as to whether it is a public right of way. If it was an old r.o.w. which was not a public r.o.w. then it would be worth asking the people behind you if it is recorded in their deeds. If it is neither a public nor private r.o.w. And has been abandoned then there is unlikely to be any issue with you clearing and fencing it but like pp said you will need to notify any future owners where the actual boundary of the land you own lies and that this additional land is something that you have adopted and are claiming only a possessory title.