Adverse possession

[beachguy]

I’m about to buy a house with a nice size garden that adjoins a local park. I’ve noticed the boundary fence does not align with the land register. I’m set to “gain” about 30% more garden.

The fence is old and requires Replacement and looks like it’s been there for at least the 12 years required for an adverse possession claim.

so my options are:

replace the fence as is and keep quiet
attempt a claim for adverse possession and potentially lose my extra garden

thoughts?

Let sleeping dogs lie. You don’t have evidence of how long the current fence has been in situ and AP is extremely difficult to prove. Plus the Local Authority who presumably own the park will feel obliged to fight for their land back once they know.

"...looks like it’s been there for at least the 12 years required"

Looks aren't enough though. You need evidence. This could be by way of a statement from the previous owner that they had lived in the property for x years and the fence had been in that position all that time for example.

However, the really big thing is to find out whether the park is registered land or not. Nowadays, just about all homes are registered with HM Land Registry but this doesn't apply to all Local Authority land, so it may be that the park is unregistered.

However, there has been a big push to get all Local Authority registered over the last few years and the plan is to get it all registered by 2025.

You can check to see if the park is registered in a couple of places for free either here:

https://www.landregistry-uk.com/map-search

or here;

https://search-property-information.service.gov.uk/search/map-search/find-by-map

For example, in the city where I live, both the park in the city and the one on the edge of the city have both been registered.

If the park has been registered then I really wouldn't bother. In that case HM Land Registry would then write to the Local Authority telling them that beachguy wants to take part of the park and asking if they're ok with that.

They will object and it is then down to a court case. You would need to speak to a solicitor in that situation.

In this case, if you reasonably believed that the fence was in the correct position and it had been there for ten years then you would have a strong case.

If it had been you that moved the fence then that obviously wouldn't apply, but if a previous owner had done it that would be a different matter.

Is the extra bit of garden worth going to court over?

Find out the rules for adverse - it starts when you move in.

Document your use with a time stamped load of photos - including one of you holding a daily newspaper.

Wait. Keep quiet.

Start the registration process as soon as time is up.

Thanks for info, not sure I’ll be living there for 10+ years. I’m looking into building a house on the side garden (within the actual boundary). The garden for this will be 50% in the disputed area. I’m sure when I sell it will get flagged. Will be interesting to see if my solicitor says anything.

Also just checked and it’s all registered.

Image shows the disputed area. Next to some garages in the corner of the park.

The PP is incorrect, it does not start from when you move in, it starts from when the fence was first placed in that location.

Looking at that map, if you had no development plans then personally I would just replace the fence and not say anything.

But since you want to build a new house there then when it came time to sell the buyers solicitor may pick up on the difference and I don't know how that would affect the sale.

Presumably it will all come to light when you apply for planning permission.