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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7434
Experience:  BA (Hons), PgDip, Practising Solicitor
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There is a peice of land behind my garden that I have been

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There is a peice of land behind my garden that I have been using as an extra peice of garden for the last 9 years the housing association now want the land back do I have any rights. I work for the same housing association.

Thanks for your patience.

If you have enclosed the land and looked after it for that length of time I’m afraid that you are not eligible to make a claim for the land under what is termed “adverse possession” to the Land Registry in order to have it registered in your name.

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.

You obviously fall below the required amount of time in both cases.

In order to claim a right (eg. Right of way) over the land you would have to show that you have acquired a right of way by prescription, this is by long use and you would have to show that you have used it for 20 years. Obviously, this is not an option either.

I’m afraid that if they are not willing to sell you the land then there is nothing that you can do to prevent the association from recovering the land from you.

Sorry it could not be better news.

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Kind regards,

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