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Old 15 September 2004, 07:28 PM
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rs
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Question Unused land

I moved into my current house about 4 years ago, one of my next projects is to tackle the back garden. At the back of the fence thers is about 10 foot of land that isn't used and i was wondering whether or not to 'extend' into it. I'm just wonder if there would be any leagl implications or anything I should watch out for before I go ahead and do the job.
Any feedback appreciated.

Rich
Old 15 September 2004, 08:13 PM
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Barron
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i'm in a similar situation, theres a strip of land at the back of my fence but its owned by the water board, so i can't extend, theres been talk of them selling it but my other neighbours don't want to split it equally, they all want a big share so its still unused most of the time
Old 15 September 2004, 08:59 PM
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Brendan Hughes
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If the law hasn't changed, then extend into it, wait 12? years, then claim it as yours. I would.
Old 15 September 2004, 09:21 PM
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chris's scooby
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Originally Posted by Brendan Hughes
If the law hasn't changed, then extend into it, wait 12? years, then claim it as yours. I would.
Keep the bills for what you do as i think you'll need to prove you have had the land fenced off for 12 years in order to gain adverse possession.
Old 15 September 2004, 09:57 PM
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gsm1
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Originally Posted by Brendan Hughes
If the law hasn't changed, then extend into it, wait 12? years, then claim it as yours. I would.
I bet you're the type who waits for the neighbours to go on holiday before renewing the fence - a foot over on their side!
Old 15 September 2004, 10:00 PM
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The Mini Daddy
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the law states that you fence it off for 2 years and no body reports you it legally becmes urs
Old 15 September 2004, 10:02 PM
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pbee
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I know someone with a alotment that they gradually moved the fence and more than doubled their plot, think once you have occupied the land for 7 years and can prove it, its yours.

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Old 15 September 2004, 10:04 PM
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Brendan Hughes
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I saw the winky but I'll reply anyway, as some people might think my comment a little out of character

I'm assuming that it's wasteland or some such, not part of a neighbour's garden.

12 years is also quite enough time for someone else to notice and protest. If they weren't looking after it for 12 years, they can hardly miss it when it's gone. OK, if it's a neighbour who just died and has no relatives, perhaps it's a bit callous.

As for me, unfortunately the two properties I have ever owned (previous and current) have 5ft high brick/concrete walls around them, so the possibility of surreptitiously moving them is Right Out.

Edit - TWO years? You must be joking!
Old 15 September 2004, 10:13 PM
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gsm1
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My parents are in a different situation. They have always had an alleyway going along the back of their neighbour's garden. It is totally fenced that way and has been at least since they bought it in 1990. The neighbours bought their place in 1995 and the previous owners always recognised the alleyway and maintained their fence as such. However the alleyway is not recorded on the land registry records but is shown as the neighbour's back garden. Just two weeks back the neighbours have taken the fence down and removed all evidence of any fence posts. My parents have not said anything but it looks like neighbourly relations are going to get soured!
Old 15 September 2004, 10:58 PM
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fast bloke
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Talking

Originally Posted by The Mini Daddy
the law states that you fence it off for 2 years and no body reports you it legally becmes urs

bollox - its is 12 years in England and 15 years in Northern Ireland. The 12 years has more to do with a glitch in the conveyancing process than a particular law that says it becomes yours after 12 years. We just like to fight about our borders a bit more over here, making it 15
Old 16 September 2004, 12:31 AM
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Brother_Will
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Best bet would be to find out who the land belongs to first, that should help you decide weather to do it on the sly or find out about buying it.
Old 16 September 2004, 08:29 AM
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rs
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Thanks for the info, I think I'll find out who it belongs to first and see where I go from there.


Rich
Old 16 September 2004, 09:00 AM
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Scooby-Doo
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There is a small plat of land at the end of my parents garden that the neighbours claimed about 15 years ago. This land was part of the councils and now they need it back. There are going to be a few court hearings to obtain the land back so don't assume its yours after the event and additionally when you came to sell the house the land registry drawings wont match the actual plot and buyers will either require insurance from you as the seller for any future legal cases or they wont buy the house.
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