Adverse possession of adjacent garden

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    Adverse possession of adjacent garden

    Approx 15 years ago the local council purchased a plot next to my property and built two houses, both with gardens etc, leaving a strip of garden adjacent to my property which was not in use by either of the houses. An application was made to purchase this strip of land, and while the negotiations were ongoing I fenced off the land (at my own expense), leaving the front portion open. The purchase application was then refused. However, I continued to use this land (the fencing was never removed) for storage and various other things, for example scaffolding remained there for some years while repairs were ongoing on my property, the entire right wall being adjacent to this land. Nobody else has accessed the land, even though the front has remained open. I have maintained the land etc, which essentially is a grassed area.

    Will my initial purchase offer impede any application I make for adverse possession, even though it was refused? I was never refused access to this land, although implicit consent was never given for me to use it.

    I am assuming the land is registered, as it was developed around 1997.

    Any advice is greatly appreciated.

    If the fencing was such that the man in the street would reasonably assume it was part of your land then the absence of a fence at the front may not to be a problem. However, this is a matter of fact and without seeing it, it is difficult to be certain. You would have to have shown adverse possession since you last contacted the Council. Also, you should check whether the land is registered by carrying out a SIM search at the Land Registry. If it is then if you apply for a possessory title the Council effectively have 2 years to evict you.

    As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.


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