Where we live there was a strip of grassed over land running between some
houses that was covering a culvert that was a land drain running down from a
nearby hill.

According to the water board such ground over a land drain is the
responsibilty of the local council. But the local council seem to have no
record of this being their responsibilty.

Recently a house has built an ugly looking fence over this formerly grassed
strip of land. And neighbours say that this neighbour who is the fence
builder according to the land registry owns this land.

I suspect they have not actually checked the land registry and are just
taking the word of the rampant fence builder.

Is there any way that someone could just apply for and get, ownership of a
strip of land that formerly was unused and seemingly had no claims upon it?

john east wrote:
Where we live there was a strip of grassed over land running between some
houses that was covering a culvert that was a land drain running down from a
nearby hill.

According to the water board such ground over a land drain is the
responsibilty of the local council. But the local council seem to have no
record of this being their responsibilty.

Recently a house has built an ugly looking fence over this formerly grassed
strip of land. And neighbours say that this neighbour who is the fence
builder according to the land registry owns this land.

I suspect they have not actually checked the land registry and are just
taking the word of the rampant fence builder.

To check the Land registry details on a parcel of land cost me about
four pounds last time I did it, and can be done online using the
registry's map interface.

Is there any way that someone could just apply for and get, ownership of a
strip of land that formerly was unused and seemingly had no claims upon it?


Yes, but it's not immediate. See here for more details:-

http://www.legalcentre.co.uk/propert...ssion-of-land/

In summary, they must have "factual possession" for at least ten years.

--
Tciao for Now!

John.

john east wrote:
Where we live there was a strip of grassed over land running between some
houses that was covering a culvert that was a land drain running down from a
nearby hill.

According to the water board such ground over a land drain is the
responsibilty of the local council. But the local council seem to have no
record of this being their responsibilty.

Recently a house has built an ugly looking fence over this formerly grassed
strip of land. And neighbours say that this neighbour who is the fence
builder according to the land registry owns this land.

I suspect they have not actually checked the land registry and are just
taking the word of the rampant fence builder.

Is there any way that someone could just apply for and get, ownership of a
strip of land that formerly was unused and seemingly had no claims upon it?


yes if you grab it and 'maintain it' for 12 years.

But in this case, you should check the land registry yourself.

On Jan 10, 3:14*pm, "john east" wrote:
Where we live there was a strip of grassed over land running between some
houses that was covering a culvert that was a land drain running down from a
nearby hill.

According to the water board such ground over a land drain is the
responsibilty of the local council. *But the local council seem to have no
record of this being their responsibilty.

Recently a house has built an ugly looking fence over this formerly grassed
strip of land. And neighbours say that this neighbour who is the fence
builder according to the land registry owns this land.

I suspect they have not actually checked the land registry and are just
taking the word of the rampant fence builder.

You can get the details of the owners from the land registry for
houses or land, if it has changed hands in recent years. If it hasn't
recently been sold, it won't be on the electronic system, but there
will be paper deeds to prove ownership.

Is there any way that someone could just apply for and get, ownership of a
strip of land that formerly was unused and seemingly had no claims upon it?

Squatters' Rights, it used to be that you could get a possessory
title after 12 years of adverse possession, but the law has been
changed in the past 5 or 10 years and is now more complicated. Have a
search, there a Garden Law forum somewhere on the web.

On Jan 10, 3:29 pm, Onetap wrote:
On Jan 10, 3:14 pm, "john east" wrote:

Where we live there was a strip of grassed over land running between some
houses that was covering a culvert that was a land drain running down from a
nearby hill.

According to the water board such ground over a land drain is the
responsibilty of the local council. But the local council seem to have no
record of this being their responsibilty.

Recently a house has built an ugly looking fence over this formerly grassed
strip of land. And neighbours say that this neighbour who is the fence
builder according to the land registry owns this land.
I suspect they have not actually checked the land registry and are just
taking the word of the rampant fence builder.

You can get the details of the owners from the land registry for
houses or land, if it has changed hands in recent years. If it hasn't
recently been sold, it won't be on the electronic system, but there
will be paper deeds to prove ownership.

Is there any way that someone could just apply for and get, ownership of a
strip of land that formerly was unused and seemingly had no claims upon it?

Squatters' Rights, it used to be that you could get a possessory
title after 12 years of adverse possession, but the law has been
changed in the past 5 or 10 years and is now more complicated. Have a
search, there a Garden Law forum somewhere on the web.

ISTR it's now a condition of the adverse posession process that the
"previous"/current owner must be notified and offered an opportunity
to assert their ownership.

Jim K

"Jim K" wrote in message
...
On Jan 10, 3:29 pm, Onetap wrote:
On Jan 10, 3:14 pm, "john east" wrote:

Where we live there was a strip of grassed over land running between
some
houses that was covering a culvert that was a land drain running down
from a
nearby hill.

According to the water board such ground over a land drain is the
responsibilty of the local council. But the local council seem to have
no
record of this being their responsibilty.

Recently a house has built an ugly looking fence over this formerly
grassed
strip of land. And neighbours say that this neighbour who is the fence
builder according to the land registry owns this land.
I suspect they have not actually checked the land registry and are just
taking the word of the rampant fence builder.

You can get the details of the owners from the land registry for
houses or land, if it has changed hands in recent years. If it hasn't
recently been sold, it won't be on the electronic system, but there
will be paper deeds to prove ownership.

Is there any way that someone could just apply for and get, ownership
of a
strip of land that formerly was unused and seemingly had no claims upon
it?

Squatters' Rights, it used to be that you could get a possessory
title after 12 years of adverse possession, but the law has been
changed in the past 5 or 10 years and is now more complicated. Have a
search, there a Garden Law forum somewhere on the web.

ISTR it's now a condition of the adverse posession process that the
"previous"/current owner must be notified and offered an opportunity
to assert their ownership.

And ISTR that, where a watercourse marks a boundary, then the actual
boundary is the centre of the watercourse..

That MAY have a bearing....

In message , Ian
writes

"Jim K" wrote in message
...
On Jan 10, 3:29 pm, Onetap wrote:
On Jan 10, 3:14 pm, "john east" wrote:

Where we live there was a strip of grassed over land running between
some
houses that was covering a culvert that was a land drain running down
from a
nearby hill.

According to the water board such ground over a land drain is the
responsibilty of the local council. But the local council seem to have
no
record of this being their responsibilty.

Recently a house has built an ugly looking fence over this formerly
grassed
strip of land. And neighbours say that this neighbour who is the fence
builder according to the land registry owns this land.
I suspect they have not actually checked the land registry and are just
taking the word of the rampant fence builder.

You can get the details of the owners from the land registry for
houses or land, if it has changed hands in recent years. If it hasn't
recently been sold, it won't be on the electronic system, but there
will be paper deeds to prove ownership.

Is there any way that someone could just apply for and get, ownership
of a
strip of land that formerly was unused and seemingly had no claims upon
it?

Squatters' Rights, it used to be that you could get a possessory
title after 12 years of adverse possession, but the law has been
changed in the past 5 or 10 years and is now more complicated. Have a
search, there a Garden Law forum somewhere on the web.

ISTR it's now a condition of the adverse posession process that the
"previous"/current owner must be notified and offered an opportunity
to assert their ownership.

And ISTR that, where a watercourse marks a boundary, then the actual
boundary is the centre of the watercourse..

That MAY have a bearing....

Look up riparian rights. I think the above is true for non-navigable
waterways.

regards



--
Tim Lamb

Ian wrote:
ISTR it's now a condition of the adverse posession process that the
"previous"/current owner must be notified and offered an opportunity
to assert their ownership.

An adverse possession that started before 2003, or on land that is
not regisred, becomes complete by occupation for 12 years.
An adverse possession on land that is registered, where the possesion
commenced after 2003 requires the possessor to notify the owner
stated in the land registry records at the commencement of the
possession.

And ISTR that, where a watercourse marks a boundary, then the actual
boundary is the centre of the watercourse..

If the boundary is stated as being the centre of the watercourse, it's
the centre of the watercourse at the point in time when it was stated
that it was the centre of the watercourse.

And any boundaries can be modified by mutual agreement.

JGH

On Jan 11, 3:23*am, jgharston wrote:
Ian wrote:
ISTR it's now a condition of the adverse posession process that the
"previous"/current owner must be notified and offered an opportunity
to assert their ownership.

An adverse possession that started before 2003, or on land that is
not regisred, becomes complete by occupation for 12 years.
An adverse possession on land that is registered, where the possesion
commenced after 2003 requires the possessor to notify the owner
stated in the land registry records at the commencement of the
possession.

And ISTR that, where a watercourse marks a boundary, then the actual
boundary is the centre of the watercourse..

If the boundary is stated as being the centre of the watercourse, it's
the centre of the watercourse at the point in time when it was stated
that it was the centre of the watercourse.

And any boundaries can be modified by mutual agreement.

JGH

We live in a mill and the Land Registry doesn't know who owns the mill
stream but they say it isn't us.

Jonathan

In message
,
Jonathan writes
On Jan 11, 3:23*am, jgharston wrote:
Ian wrote:
ISTR it's now a condition of the adverse posession process that the
"previous"/current owner must be notified and offered an opportunity
to assert their ownership.

An adverse possession that started before 2003, or on land that is
not regisred, becomes complete by occupation for 12 years.
An adverse possession on land that is registered, where the possesion
commenced after 2003 requires the possessor to notify the owner
stated in the land registry records at the commencement of the
possession.

And ISTR that, where a watercourse marks a boundary, then the actual
boundary is the centre of the watercourse..

If the boundary is stated as being the centre of the watercourse, it's
the centre of the watercourse at the point in time when it was stated
that it was the centre of the watercourse.

And any boundaries can be modified by mutual agreement.

JGH

We live in a mill and the Land Registry doesn't know who owns the mill
stream but they say it isn't us.

Not that surprising. Geographic boundaries such as rivers are fairly
obvious although meanders can cause significant land transfers:-)

I guess anyone diverting water flow could only do it if they had control
of the land which may subsequently be passed on, perhaps retaining a
right for water flow.

regards
--
Tim Lamb

On Jan 11, 7:52 am, Jonathan wrote:
On Jan 11, 3:23 am, jgharston wrote:



Ian wrote:
ISTR it's now a condition of the adverse posession process that the
"previous"/current owner must be notified and offered an opportunity
to assert their ownership.

An adverse possession that started before 2003, or on land that is
not regisred, becomes complete by occupation for 12 years.
An adverse possession on land that is registered, where the possesion
commenced after 2003 requires the possessor to notify the owner
stated in the land registry records at the commencement of the
possession.

And ISTR that, where a watercourse marks a boundary, then the actual
boundary is the centre of the watercourse..

If the boundary is stated as being the centre of the watercourse, it's
the centre of the watercourse at the point in time when it was stated
that it was the centre of the watercourse.

And any boundaries can be modified by mutual agreement.

JGH

We live in a mill and the Land Registry doesn't know who owns the mill
stream but they say it isn't us.

Jonathan

start the clock and crack on then ;))

Jim K

On Jan 11, 3:23 am, jgharston wrote:
Ian wrote:
ISTR it's now a condition of the adverse posession process that the
"previous"/current owner must be notified and offered an opportunity
to assert their ownership.

An adverse possession that started before 2003, or on land that is
not regisred, becomes complete by occupation for 12 years.
An adverse possession on land that is registered, where the possesion
commenced after 2003 requires the possessor to notify the owner
stated in the land registry records at the commencement of the
possession.

mmmm well...Landregistry.gov has

"After 10 years’ adverse possession, the squatter will be entitled to
apply to be registered as proprietor in place of the registered
proprietor of the land.
On such an application being made the registered proprietor (and
certain other persons interested in the land) will be notified and
given the opportunity to oppose the application."

Jim K