Who does this Land belong to.

Skippy

New Member
Jun 3, 2012
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We moved to a council house in 1978. There was a small piece of land that was attached to ours by some bushes this land was about 12ft by 15ft. The local residents kept dumping rubbish and there were rats, mice and it smelt when we had our windows open. We complained to the council but it had become such a mess they didn't want anything to do with it. They said my Dad could have it if he cleared it and maintained it. My Dad did this and with the councils permission he also fenced it to make the area look better. But a few years later some local youths set fire to the fencing. Dad was upset he didn't fence it again, but he still maintained it until his death in 1995.

My Mum carried on looking after it, and in 2000 the council sold the estate she lives on to a housing association. Then in 2003 my Mum decided to buy her house. I asked the solicitor to make sure the small piece of land was on the land registry plans, but i didn't oversee the plans, i left that to my mum.

Just recently the housing association has come along and cleared the bushes and turfed the area. I got the land registry plans and looked at them. It seems that the solicitor has put some of the land on the plans but not all of it. I think between the solicitor and my Mum they have got the boundaries wrong.

I need some clarity on who owns this land and if its my Mum how do i get the housing association to recognise this.

I would like to fence this and make a small garden or veg plot for my Mum. It's not worth any money but would make a nice addition for her to use properly.

Thanks.
 

Skippy

New Member
Jun 3, 2012
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Hi. Thanks for your question.

The small piece of land was registered to the local council. But when they sold the estate to the housing association i think everything to them as well or so it would seem as they have just come along and turfef it. Without considering who it belonged to.
 

trickygj

Moderator
May 31, 2010
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Cheshire
www.richardgjohnson.co.uk
Land law is very complicated subject and is beyond the scope of this forum however, I can give you the basics but you shouild consult a solicitor if you decide to take the matter further.

The fact of the matter is that unless you have the agreement between you and the council in writing you will not be able to prove it is your land very easily particulalry now it has been sold on.

Because you say the council gave you permission you cannot claim adverse possession as the council gave you licence to the land.

A person who owns land can lose their right to possess that land if someone else takes possession (adverse possession) in a way which is inconsistent with his possesion and does so for a period of 12 years. The period must be unbroken (although not neccesarily by the same person). So long as the council discontinued with their use for 12 years that is the key. Discontinuance must be absolute, i.e.the smallest act will be sufficient to show that there was no discontinuance. If they came on the land for example to mow the grass even once it will show no discontinuance.


I would suggest you go back to the solicitor who did the conveyancing for your mum and get some advice on your options.