Patrick

claiming unoccupied land . me Vs. the neighbour

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Bit of an issue with unoccupied land between mine and the neighbour. Strip of land is around 10m wide and 25m long . It is not registered on their land registry nor on mine . I originally was thinking to just leaver it as a "buffer zone" but he started to clear it and put a bench onto this land now. Trying to mark it for occupation and probably claim it a few years down the line. I'm not happy with it but not sure what my options are. Legally i can't chuck him off the land of fence it up. Since it's not mine. And I also think I can't serve him any notice ...Is there any way or form that I can stop him or at least file my objections .

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Do the same as them and they will know you are playing the same game.

hopefully this will lead to a positive conversation 

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Have a chat with him and suggest you quietly put up a fence down the middle and each take over half of it with a view to claiming adverse possiesion in due course.

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27 minutes ago, ProDave said:

Have a chat with him and suggest you quietly put up a fence down the middle and each take over half of it with a view to claiming adverse possiesion in due course.

That would be possible if neighbour wasn't a horrendous c###. I already tried to speak to him a few times about little things.(e.g. wanting to change the outside cladding on my house... He blocked and decided to alarm the council .... Without any legal grounds )

So unfortunately no, communication and finding an amicable solution is off the table . I usually keep separate and so does he ... No issue. Specially because we have that strip of land as a peace zone. Hence why I don't want him closer ... I m not fussed owning it myself .

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Owning it yourself is the only way to control its future use.  Assuming it is registered to someone, why not try and find the owner and have a chat.  If they don't want to sell,  you can at least make them aware of your neighbours activity...

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5 hours ago, Roundtuit said:

Owning it yourself is the only way to control its future use.  Assuming it is registered to someone, why not try and find the owner and have a chat.  If they don't want to sell,  you can at least make them aware of your neighbours activity...

It doesn't have an owner. It's unclaimed land

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Assuming it's unregistered land you have to possess it "to the exclusion of all others" for 10 years before you can claim ownership. That normally means fencing it off with no gates others can use. The land registry are fussy, you will need to prove it with evidence. 

 

Whoever erects a fence continues to own the fence and damaging it could be criminal damage.

 

Only the legal land owner can evict someone that has occupied land. The council can only do do if you are creating a statutory nuisance such as letting rubbish build up, pests etc. They can still enforce planning laws.

 

So I would erect a 2m high fence either around it or down the middle so you each get half. Install cctv. Call the police if anyone damages the fence by removing it or cutting a gate etc. The police can and should take action for criminal damage. If there is a confrontation you can call the police and ask them to attend as you are concerned there might be a breach of the peace if a neighbour doesn't stop removing/damaging your fence. Keep calm and let the police find an angry neighbour ranting and raving. Point out you own the fence. Produce receipts.

 

Note It would be no good arguing with the police about the land itself as that's a civil matter.

Edited by Temp
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The more I think about it the more I reckon a fence down the middle would be a good idea. Let him have access to half.

 

Teaming up with the neighbour might help provide evidence for the Land Registry. You can write each other letters now stating your intention to possess to the exclusion of others and confirming the date the fence is errected.

Edited by Temp

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Advertise it as a camp site.

Set the account up in your neighbours name.

Then shop him to the council.

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Build a fence down the middle, either unilaterally or jointly.

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14 hours ago, Temp said:

The more I think about it the more I reckon a fence down the middle would be a good idea. Let him have access to half.

 

Teaming up with the neighbour might help provide evidence for the Land Registry. You can write each other letters now stating your intention to possess to the exclusion of others and confirming the date the fence is errected.

I agree. very good idea. Specially with the fence that belongs to me even if on 3rd party land (unknown land) ...Many thanks

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Sorry if obvious but you do need to make sure the bit/half you want to claim can't be accessed other ways (eg fence the ends as well). It should only be accessible via your garden.

 

Do some research as well because the Land Registry have refused claims for lack of evidence or gaps in fences,  possibly even not using the land? I'm not familiar with all the reasons they have given but I'm sure there are guides on the web. Look for latest editions as the rules changed not many years ago.

 

You should also do a Map Search via the LR to double check it's not registered as it's almost impossible now to claim registered land.

 

Perhaps also see if you can put a marker on the file so you get notified if anyone else tries to claim it. Not sure if that's possible?

Edited by Temp
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On 07/11/2021 at 15:16, Temp said:

Perhaps also see if you can put a marker on the file so you get notified if anyone else tries to claim it. Not sure if that's possible?

I done it all. Every step you mentioned ,years ago. Marker on the file is not possible (I asked) ... But you gave me a few good inspirations to discover further

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