Claiming/buying land

[cossette]

Moved into 1850s cottage in December. Behind the house is some unclaimed land which the neighbours say hasn't been touched in 40 years. My solicitor when buying the house advised to either fence it and see if I get any objections or to write to the council and ask if I could buy it. Currently I can't access the land without going around the outside but my house has an old coal shed attached to the side which if I removed or opened a door on the other wall I could access the land ok.
I've attached photos.
I'd be greatly for any advice what to do!

First check the land registry to see who owns the plot. Then have a read about adverse possession.

Fence it. Take photos, cut the grass regularly, in 12 years if no one has said anything, claim adverse possession because you have maintained it for 12 years.

Adverse possession doesn't exist anymore so stop thinking along those lines.
You can still claim it but the process is different and you must notify council / owner in any case. If the council own it then state they haven't maintained it (anecdotally) ever and that you'd be happy to take the problem from their hands.

Land registry link on adverse possession: www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land

Find out if it is registered with the Land Registry. Adverse possession is different for registered and unregistered land. Then document whatever steps you take to claim and maintain the land.

Whose been weeding it and mowing the grass?

Sorry to jump in but does anyone have link about adverse possession on unregistered land? We have some land (not so big) beside our house and it is just a dumping ground for forestry bits and pieces but also fly tipping by another neighbour. We'd like to take control of the bit beside our house and clean it up. It isn't registered. The OS map shows it as a distinct piece of land from the neighbour. Land Registry haven't been any help because it is not registered with them.

@Reusername

Sorry to jump in but does anyone have link about adverse possession on unregistered land? We have some land (not so big) beside our house and it is just a dumping ground for forestry bits and pieces but also fly tipping by another neighbour. We'd like to take control of the bit beside our house and clean it up. It isn't registered. The OS map shows it as a distinct piece of land from the neighbour. Land Registry haven't been any help because it is not registered with them.

OS simply map the physical features, not the legal boundaries

As others have said, you first need to find out if the land is registered or not.

Given that this is just a random piece of grass you won't be able to search for it as, for example, No 23 XXX Avenue as it won't necessarily have an address.

What this means is that you will have to search what is called the "Index Map". You will have to send a plan of the area that identifies this piece of land to the Land Registry then they will let you know if it's registered or not. Details of how to do this are here:-

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

What you do next depends on whether it turns out the land is registered or unregistered.

If it's unregistered then, yes, you need to fence the land and it would probably help to show intent if you did open up an access via the coalshed.

It would probably help to keep some evidence of the date this was done.

You then wait 12 years and can then apply for the title of the land.

If the land is already registered things are a little bit more complicated.

First of all, you need to wait for 10 years. You then make an application to the Land Registry and they will contact the registered owners and let them know that you are making an application for adverse possession.

The registered owner then has 65 working days in which to object to your application.

If they don't object in time then, great, the land's yours.

If they do object then your application is rejected, but that's not quite the end of things.

The owner then has two years in which to start proceedings against you in court to get off their land.

So, if you either agree to vacate the land or they start court proceedings against you within two years then you're probably not going to get the land.

However, if at the end of those two years the owner hasn't started court proceedings then you're free to make another application and this time it can't be refused.

Although, please note that if the land belongs to the Crown or government departments etc then the time is actually 30 years

@Reusername

see my post above about searching the Index Map

Thanks for the responses re my questions. The land I am taking about is definitely unregistered as I did a search with Land Registry.

@Reusername The OS map shows it as a distinct piece of land from the neighbour.

Please don't rely on an OS map.

The OS map shows it as a distinct piece of land from the neighbour.

What I really would urge you to do in this case is to get hold of the neighbour's title deeds (and also any other properties that border this unregistered land).

If your neighbour's property is registered (all properties in England & Wales are registered if they have been purchased since1990) then you will be able to get their title deeds.

The title deeds will include a plan showing the outline of their property in red. Just make sure that their deeds do not include this piece of land.

You can get hold of their title deeds for £3 by going to the government website here:-

www.gov.uk/get-information-about-property-and-land/copies-of-deeds

Then once you have made absolutely sure that the neighbour doesn't already own this piece of land then go ahead with fencing it etc.

For more indepth reading about the process here is another link from the gov.uk website:-

Practice guide 5: adverse possession of unregistered land

Thanks for your detailed reply, I have tried to get their planning permission from the council. But their house was built in the 1970s and due to Covid no one is in the office to look for them until June!

Their property is unregistered too.

@cossette You might want to edit the photos as they have the address on them. You can ask for them to be removed then repost edited photos.

Next door did this (corner plot) and they now have much bigger garden.