Is it possible to adopt / buy a piece of council ground...
Discussion
...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.
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.
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.
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.
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.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.
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.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.
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.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.
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
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.I'd say no! If he did, he could hardly claim to think it was part of his property.
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.I'd say no! If he did, he could hardly claim to think it was part of his property.
Scotland may be different of course!
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