Question:

For ten years we have looked after land that the council owns they have never maintained it can we claim it?

by  |  earlier

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the council will not let us buy the land and neither will they maintain it their is no public right of way we have maintained the land planted on can we claim the land

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4 ANSWERS


  1. I suggest that you consult your local Council & H.M. Land Registry on this matter !


  2. If it's fenced off, and you have exclusive access, it's yours after a set period. I can't remember how long this is, exactly, though - twnety years springs to mind, but it may well be less.

  3. I don't think you quite understand how land ownership EXISTS in England.  ALL LAND belongs TO THE CROWN... and towns, cities and individual farms, etc... exist ONLY AT THE PLEASURE OF HRH.  The Council will not sell the land because THEY DON'T OWN IT...

  4. Garrison - what century do you think this is?

    What you are seeking to do is claim 'adverse possession' and different rules apply depending if the land in question is registered or unregistered.

    The process for obtaining title (ownership) to land under adverse possession is now much more difficult. Firstly, is the land registered at all? You'll need to search the Land Registry to find out. If it is registered, then if you claim ownership under adverse possession, a notice will be sent to the registered owner who can refute your claim, as the land is registered to them.

    If it's not registered, then you need to follow the process set out in the guide (link Below)  from the Land Registry. Even then, you'll see that it's not guaranteed that you get ownership of the land. In particular, the Land Registry are likely to contact people that they think might have an interest (ownership) in the land.

    http://www.landregistry.gov.uk/

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