Is it possible to adopt / buy a piece of council ground...

Is it possible to adopt / buy a piece of council ground...

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Discussion

AMacA

Original Poster:

193 posts

203 months

Wednesday 8th June 2011
quotequote all
...that's adjacent to your property?

A bit of background, we moved house about six weeks ago, and at the end of our driveway is a small square of council owned ground, really overgrown and with a dead tree in it. We got onto them to have it removed, and they claimed not to own the land. After a brief discussion showing them out title deeds they relented, and removed the tree.

After this we got onto the notion that we'd quite like to try and incorporate this piece into our garden, as it would make it square, rather than the odd shape it is now.

Has anyone tried this before, and if so how do you go about doing it? I assume there are costs involved, if anyone knows what they are it'd be good to know them.

This is in Scotland BTW, in case the laws are different to England.

stu67

816 posts

190 months

Wednesday 8th June 2011
quotequote all
Yes you can apply to purchase the land. I used to deal with this type of thing when I was a young surveyor at the local authority I then worked at. I also purchased a piece of land from the council to make my garden bigger.

Contact the estates department and apply, however they have the right to say no!

Don't expect any favours price wise, you will also pick up both parties legal costs.

NDA

21,725 posts

227 months

Wednesday 8th June 2011
quotequote all
AMacA said:
...that's adjacent to your property?

A bit of background, we moved house about six weeks ago, and at the end of our driveway is a small square of council owned ground, really overgrown and with a dead tree in it. We got onto them to have it removed, and they claimed not to own the land. After a brief discussion showing them out title deeds they relented, and removed the tree.

After this we got onto the notion that we'd quite like to try and incorporate this piece into our garden, as it would make it square, rather than the odd shape it is now.

Has anyone tried this before, and if so how do you go about doing it? I assume there are costs involved, if anyone knows what they are it'd be good to know them.

This is in Scotland BTW, in case the laws are different to England.
I don't know the Scottish law, but suspect it's not massively different to English law. But you should fence off this land and, after a period of time (I'm not sure how long) you can apply to adopt it - I don't think it'll cost you anything either.

freecar

4,249 posts

189 months

Wednesday 8th June 2011
quotequote all
NDA said:
AMacA said:
...that's adjacent to your property?

A bit of background, we moved house about six weeks ago, and at the end of our driveway is a small square of council owned ground, really overgrown and with a dead tree in it. We got onto them to have it removed, and they claimed not to own the land. After a brief discussion showing them out title deeds they relented, and removed the tree.

After this we got onto the notion that we'd quite like to try and incorporate this piece into our garden, as it would make it square, rather than the odd shape it is now.

Has anyone tried this before, and if so how do you go about doing it? I assume there are costs involved, if anyone knows what they are it'd be good to know them.

This is in Scotland BTW, in case the laws are different to England.
I don't know the Scottish law, but suspect it's not massively different to English law. But you should fence off this land and, after a period of time (I'm not sure how long) you can apply to adopt it - I don't think it'll cost you anything either.
I don't think you can do that id you already know it doesn't belong to you. If you ASSUMED it did and went about using it for a period of time, then there is some legislation to adopt the land into your property. I don't think you can do it if you have tried to buy it though.

Laurel Green

30,797 posts

234 months

Wednesday 8th June 2011
quotequote all
My old business partner purchased council owned land adjacent to his property. Cost him sixpence (cost of stamp signed over) plus legal expenses. This being London and, a fair age ago.

monthefish

20,449 posts

233 months

Wednesday 8th June 2011
quotequote all
How small is 'small'?

BoRED S2upid

19,784 posts

242 months

Wednesday 8th June 2011
quotequote all
freecar said:
I don't think you can do that id you already know it doesn't belong to you. If you ASSUMED it did and went about using it for a period of time, then there is some legislation to adopt the land into your property. I don't think you can do it if you have tried to buy it though.
Im pretty sure you can. My old law lecturer had his favourite story how he adopted 10ft of land at the end of his garden fenced it off and looked after it as if his own, he knew very well that it wasn't his. After 6 years or something you can declare it your own legally.

NDA

21,725 posts

227 months

Wednesday 8th June 2011
quotequote all
Take a peek here:

http://en.wikipedia.org/wiki/Adverse_possession

It's to do with Adverse Possession of Land.

You'll need to take proper advice at some point from a lawyerly type.

Edited by NDA on Wednesday 8th June 12:50

freecar

4,249 posts

189 months

Wednesday 8th June 2011
quotequote all
BoRED S2upid said:
freecar said:
I don't think you can do that id you already know it doesn't belong to you. If you ASSUMED it did and went about using it for a period of time, then there is some legislation to adopt the land into your property. I don't think you can do it if you have tried to buy it though.
Im pretty sure you can. My old law lecturer had his favourite story how he adopted 10ft of land at the end of his garden fenced it off and looked after it as if his own, he knew very well that it wasn't his. After 6 years or something you can declare it your own legally.
Yes, but did he approach the council first to establish who owned it?

I'd say no! If he did, he could hardly claim to think it was part of his property.

NDA

21,725 posts

227 months

Wednesday 8th June 2011
quotequote all
Knowing how incompetent most councils are, I doubt they'd remember the deeds conversation after the statutory time.


tim0409

4,519 posts

161 months

Wednesday 8th June 2011
quotequote all
I think it's called positive subscription in Scotland - you need 10 years of un-interupted use of the land without challenge if I remember correctly (although my degree was many years ago!)

clarkey

1,366 posts

286 months

Wednesday 8th June 2011
quotequote all
freecar said:
BoRED S2upid said:
freecar said:
I don't think you can do that id you already know it doesn't belong to you. If you ASSUMED it did and went about using it for a period of time, then there is some legislation to adopt the land into your property. I don't think you can do it if you have tried to buy it though.
Im pretty sure you can. My old law lecturer had his favourite story how he adopted 10ft of land at the end of his garden fenced it off and looked after it as if his own, he knew very well that it wasn't his. After 6 years or something you can declare it your own legally.
Yes, but did he approach the council first to establish who owned it?

I'd say no! If he did, he could hardly claim to think it was part of his property.
Correct, you can only claim adverse possession (in England, anyway) if you believe you own the land - asking to buy it, or asking someone who owns it, confirms you don't have title, so it doesn't matter how long you possess it for, it's not yours...
Scotland may be different of course!