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Land grabbing...

Discussion in 'Personal' started by RUFree, Nov 1, 2015.

  1. RUFree

    RUFree New commenter

    My neighbour is in the process of re-fencing her property and has decided to extend her boundry backwards and enclose about 2 metres of wasteland to the back of her garden.

    Should I just ignore it despite the fact that it is clear and blatant land grabbing? The garden is not overlooked and no-one else is likely to report it. If I did decide to report it, would anyone do anything? Who would I report it to?

    it will annoy me every time I look out. At the end of the day it's just stealing.

    RUF
     
  2. monicabilongame

    monicabilongame Star commenter

    Extend your own back fence to match hers and hope nobody notices it for 14 years. You'll both get away with it then.
     
    Flere-Imsaho and midnight_angel like this.
  3. GLsghost

    GLsghost Star commenter

    No-one except the land owner can do anything about it. Technically the neighbour is squatting. If she exclusively possesses the land for 12 years without objection, she can register it as her own, having aquired it by adverse possession.
     
  4. HelenREMfan

    HelenREMfan Star commenter

    It does maybe leave the way open for possible boundary disputes when wishing to sell a house though. I walked away from one viewing when a casual remark was made about the extension having been built on the boundary.
     
    FolkFan likes this.
  5. burajda

    burajda Star commenter

    Not sure if that is the case - its not automatic, your neighbour cant just squat the land and acquire it hoping no-one would notice. She would have to apply for possession after 10 years and the registered proprietor would then be notified so he or she could oppose her acquistion. A squatter's application would not be granted if there was any opposition from the existing registered proprietor, or from any other 'interested party'.

    So perhaps RUFree, you should object, I dont know but maybe you could qualify as an 'interested party' - who knows, she may also apply for the back of your garden too if you don't put a fence up.

    https://www.gov.uk/government/publi...stered-land#adverse-possession-the-essentials
     
  6. Flere-Imsaho

    Flere-Imsaho Star commenter

    Why do you care?
    And how do you know the neighbour hasn't contacted the owner and properly negotiated sale/use of the land?
     
    lexus300 and Lascarina like this.
  7. Morninglover

    Morninglover Star commenter

    If l were considering buying a house and I discovered that a neighbour was doing this, even not against me, l would be likely to walk away. After all they might do it to me next!

    NB Why not contact the landowner in question, in confidence?
     
  8. GLsghost

    GLsghost Star commenter

    Ah yes - thanks for the correction: 10 years now, not 12 any longer.

    I don't think the poster qualifies as an 'interested party'. She has no beneficial interest in the land in question.

    The neighbour could make an application to register the land in her own name after 10 years, citing adverse possession. She would not have to apply for possession - she already has that!
     
  9. RUFree

    RUFree New commenter

    Thanks for all the replies.

    What has really annoyed me is that I have been trying to find out who owns the land as there is a large tree which I think is dangerous on the land. I can't find out who is responsible for the land and will probably have to pay several hundred pounds to have it cut down. It dwarves my house and frightens me during storms but the council said I can't cut it down as it's not on my land.

    think I'll email them again...
     
  10. Memphismojo

    Memphismojo Established commenter

    The OPs problem would put me off too.
     
  11. felltogroundinberkeleysquare

    felltogroundinberkeleysquare Established commenter

    If you are worried about a tree being "dangerous" ie. if it is diseased, unstable, causing damage to your house via roots etc, you can contact the trees officer at your council ( if they still have one) and make enquiries for it to be inspected, and then recommendations can be made, however, unless its leylandii, you would generally need the co-operation of the land owner.

    More generally, it's amazing how much land is still un-registered in this country, since compulsory Land Registry on purchase is a relatively recent thing ( 1990's I think), though I may be wrong, but there are still plenty of un-registered bits of land out there. Does not mean they don't belong to anyone though.

    I have been getting sour looks of my neighbour recently since I built about a metre of wall at the end of my drive to mark the boundary where it belongs, which he has now taken to sulking about by pretending he can't get his 4x4 BMW in on his side, whereas he used to drive over my drive to get in. I am mean, but I can't have him doing it to the point of setting a precedent. His solution - get a smaller car then or man up and learn to reverse. He only lives there on his own and has no family, so my sympathy for his plight is limited.
     
  12. GLsghost

    GLsghost Star commenter

    There is indeed a lot of unregistered land. The former owner of my house 'grabbed' a bit of the adjacent land 20 years ago and acquired it by adverse possession (much to the annoyance of neighbours, but there's nothing they can do about it!). It made for interesting discussions (and accusations!) when we bought the property and there are still dark mutterings from time to time about whether we actually own our garage (we do).

    There is a further strip that was left by the previous owner, but which I think we shall wait and 'grab' as soon as our next door neighbour snuffs it (crass, but true!), to avoid distressing her. The land is unregistered and the true owner long lost - it has reverted to Crown Property. It will annoy our neighbours all over again (for a five feet strip) but we need to protect our interests, lest the next owner of nearby-neighbour's makes an attempt to grab it instead, as that would devalue our property.
     
  13. felltogroundinberkeleysquare

    felltogroundinberkeleysquare Established commenter

    You clearly have the measure of it GLsghost, although obviously I could not possibly comment on your personal situation.
     
  14. Jolly_Roger1

    Jolly_Roger1 Star commenter

    If you have land-grabbing neighbours, watch out that they do not try to take some of your garden by 'repositioning' the fence that divides your properties. We came back from holiday to find a new fence up in the back garden and a two foot strip of the garden 'annexed'. It took quite a bit of sorting out, too!
     

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