Claiming a strip of land

Er, some twelve centuries of land law suggest that I'm correct.

'Res nullius' is a concept of only civilian (European-tendency) legal systems.

 

---------- Post added 03-01-2016 at 20:06 ----------

 

Land not registered at HMLR does have an estate owner. Ownership rests on the title deeds. Never heard of 'em?

Despite your flannel, your assertion that 'all land is owned' is self evidently guff.

My mother-in-law's house was not registered despite her having lived there since the house was built in 1948. Perhaps there has to be at least one reasonably recent change of ownership for the property to show up in the land registry.

so if I fence it off and the dog walkers take it down where do I stand then

It depends how big the dog is..............

As the OP does not own this land nor have any entitlement to it, and it appears that the land is used by the local community as a public good, it seems to me just plain wrong to fence it off and deny your neighbours access. If this occurred in my area I would get together with my neighbours to challenge your actions.

Despite your flannel, your assertion that 'all land is owned' is self evidently guff.

Nothing about land law is "self-evident". If you learn enough to get a qualification in law, you may just find out that Jeffrey is exactly right here.

Despite your flannel, your assertion that 'all land is owned' is self evidently guff.

Do enlighten us with your own 'evidence', then.

Perhaps my 'flannel' has wiped it clean away...

See a solicitor would be the route to take, at least then your claim would be legal in the eyes of the law.

 

Angel1.

Having seen a solicitor doesn't make something legal. And conversely, having not seen one, doesn't make a claim for adverse possession somehow less legal.

Having seen a solicitor doesn't make something legal. And conversely, having not seen one, doesn't make a claim for adverse possession somehow less legal.

True. The law is what defines one's entitlement.

looks like i have to fill out an st1 form and a adv1 form to start the ball rolling. i have since found out its 11 years since i enquired about this land have have been maintaining it since then. how longs the process take does anyone know ?

If the land is registered, the possessory period is 10+2 yrs., i.e. you can apply after occupying it for 10yrs. but the registered proprietor- if he/she raises an objection upheld by HMLR- has to take possession proceedings during the next 2yrs. See Schedule 6 to the Land Registration Act 2002 http://www.legislation.gov.uk/ukpga/2002/9/schedule/6

If the land is unregistered, the possessory period is 12 yrs.

Either way, the process:

a. is slow;

b. involves a lot of complex law; and

c. is unsuited to a DiY applicant unless you know what you're doing.

If the land is registered, the possessory period is 10+2 yrs., i.e. you can apply after occupying it for 10yrs. but the registered proprietor- if he/she raises an objection upheld by HMLR- has to take possession proceedings during the next 2yrs. See Schedule 6 to the Land Registration Act 2002 http://www.legislation.gov.uk/ukpga/2002/9/schedule/6

 

If the land is unregistered, the possessory period is 12 yrs.

 

Either way, the process:

a. is slow;

b. involves a lot of complex law; and

c. is unsuited to a DiY applicant unless you know what you're doing.

thanks for the information jeffrey the land is unregistred according to the solicitor who dealt with our extension. can you give me a ball park figure in you dealing with this for me send by pm thanks

As the OP does not own this land nor have any entitlement to it, and it appears that the land is used by the local community as a public good, it seems to me just plain wrong to fence it off and deny your neighbours access. If this occurred in my area I would get together with my neighbours to challenge your actions.

I know this is an old thread but... Seriously why would, you consider blocking your neighbours access to the local woods? I know a lot of selfish people but thankfully I don't know anyone who would stoop this low.