Land Posession and the law,...

[TackleburyUk]

Does anyone know the laws regarding land possession?

Long story short...

Small section of land outside, not owned by anyone, Deeds show no properties own it.

My neighbours want to park a Winnebago in their parking space, this will mean the arse end of the monstrosity will overhang this section of land. The section of land has some paving slabs added to ease access to an adjoining car park which I park in. Lots of people use it as a through way.

He appears to be trying to 'adverse possession' the land.

Does anyone know if this is possible? They have been in the property for a couple of years, I have read something about needing 10 years use before you can claim it.

I don’t want a mobile parked outside my property so will try to object if possible.

Any advice will be appreciated.

[Amused2death]

I think to use the "adverse possession" thingy the land has to be enclosed by them and used uninterrupted for quite a period of time.

Therefore, not enclosed = no adverse possession.

[TackleburyUk]

Ideal.

I'll call the council after my night shift and see what they say...

[Sam_68]

• Go to the Land Registry website.
• Click the tab at the side for publications
• Download Practice Guides 4 and 5, relating to Adverse Posession.
• Read

[Chrisgr31]

Would the OP and others have a right of way other the piece of land having used it uninterupted for X years? If so would parking the Winnebago be blocking a right of way?

[TackleburyUk]

Thanks Sam, very helpful.

Chris, it wouldn't stop me using the path as such. It'll make the gap very small and cover an already dark area even more.

I just don't want them to get it as i they've never shown an interest in it before. In fact i cut the grass and tend the area myself and have done for 2 years now. They are scumbags that are happy to use the area but not maintain it.

[Wings]

Is it possible that the land falls under the Commons Land Act 1965, and since you and your nearby neighbours have used the land for several years, can you not register the land as Common Land under the above Act., with your local council.

http://www.oss.org.uk/

[Steffan]

Adverse possession requires sole use of the land over more than 10 years.

Your neighbour is trying it on. A others have said I would obtain the Land Registry booklets assess the situation and if necessary protect your position.

However I would proceed with caution.

It is very easy to upset neighbours in these situations and you could have real trouble for years afterwards. Softly softly is a good approach

But I would establish the position and protect your interests.

[TimCrighton]

Adverse possession is 12 years occupation or uninterupted use.

You may well find that you have established a 'prescriptive easement' over the piece of land is questions established by more 25 years of use, this would potentially create an easement for access to the car park by foot or by car. If this is the case then you would be entitled to retain that access, however the details of this together with plans would need to be looked at very carefully.

I suspect that the land is actually owned by somebody, it may well be owned by the local authority or similar?