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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7533
Experience:  BA (Hons), PgDip, Practising Solicitor
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We have been using a small piece of land approx 10ft x 6ft

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We have been using a small piece of land approx 10ft x 6ft at the back of our garden to grow a small amount of vegetables. This backs onto a field owned by a local business man/farmer. We have been in our house for 11 years and have been doing this for approx ten of those years. He is now insisting that we remove the raised beds immediately because it may encourage others in our row to do the same. Do we have any rights.

Hi,

 

Does the farmer actually own the small piece of land, is it included in his title for the field?

 

Info request only.

 

Kind regards,

 

 

Tom

Customer: replied 6 years ago.
Yes. As far as we are aware he is the owner

Right. In that case you can only prevent him from stopping you usinhg the land by either establishing a legal easement or by claiming ownership of the land by adverse possession.

 

You have not been usin gtheland for the requisiute 20 year period to claim a legal easement so that leaves you with adversse possession.

 

To do this If the land in question is unregistered then you must have been using it continuously for 12 years in order to claim possession of it and be registered as the registered proprietor at the Land Registry

If the land is registered then you need only have been using it continuously for 10 years in order to apply for adverse possession at the Land Registry. Notice of the application will be sent to the current registered proprietor of the land, who is obviously at liberty to object. It is therefore more difficult to claim adverse possession of land that is registered.

If you do not know whether the land is registered then you can check using the Land Registry's online service by downloading a copy of the register of the title (if any) for the property:-
https://www.landregistry.gov.uk/wps/portal/Property_Search



If this does not illicit results then you should send a index map search to the Land Registry by using Form SIM (enclosing a map of the area), they will then tell you definitively if it is registered. You can also download that form from the LR website.

In the case of both applications you would have to submit form ADV1 to the Land Registry together with sworn statutory declarations regarding how long you have been using the land (from you and others who know of your use) and it may be something over which you should consider taking specific legal advice from a local solicitor to ensure that the application and supporting documentation is drafted correctly.

 

THe farmer would also douibtless object to your application and seek to prevent it and most likely succeed, but you may wish to take specific advice from a local solicitor on the matter. It's difficult to be specific without seeing pictures of the land and taking detailed instruction sfrom you I'm afraid.

 

Good luck.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

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