Fallen Trees

[Forest2Furniture]

You've said there's no public right of way and that you've mowed a path to allow your boys to play.

Not wanting to put a damper on this but you and your boys are trespassing on council land. 

[kevinjohnsonmbe]

8 hours ago, AHPP said:

Bear in mind calling the council might stop or reset the clock on any adverse possession you or your neighbours could be in the middle of.

Adverse possession Alex, I’m thinking this only applies if the subject land is unregistered? If ownership is registered, all the time and all the maintenance in the world is irrelevant, you can’t ‘claim’ that which is already in ownership. 

 

Not certain, just my understanding....

 

Council reaction ‘could’ be to instal a big fence....

 

Might be wise to ‘do’ nothing, talk to no one! Just keep clear of any notable hazards... 

[AHPP]

Adverse possession Alex, I’m thinking this only applies if the subject land is unregistered? If ownership is registered, all the time and all the maintenance in the world is irrelevant, you can’t ‘claim’ that which is already in ownership. 
 
Not certain, just my understanding....
 
Council reaction ‘could’ be to instal a big fence....
 
Might be wise to ‘do’ nothing, talk to no one! Just keep clear of any notable hazards... 

Either. From memory, 10 years for unregistered and 12 years for registered.

For the OP’s benefit, I agree with Kevin’s advice.

[Squaredy]

37 minutes ago, kevinjohnsonmbe said:

Adverse possession Alex, I’m thinking this only applies if the subject land is unregistered? If ownership is registered, all the time and all the maintenance in the world is irrelevant, you can’t ‘claim’ that which is already in ownership.

Actually no quite the reverse.  You can indeed claim registered land.  I think the timescale may be different but it certainly can be done.  You have to prove posession for the required time.  And you have to prove it is adverse - ie without permission.

 

Funny isn't it that you can just start using someone else's property and if you get away with it for long enough you can make it your own legally.

[kevinjohnsonmbe]

2 hours ago, Squaredy said:

Actually no quite the reverse.  You can indeed claim registered land.  I think the timescale may be different but it certainly can be done.  You have to prove posession for the required time.  And you have to prove it is adverse - ie without permission.

 

Funny isn't it that you can just start using someone else's property and if you get away with it for long enough you can make it your own legally.

Can’t help thinking, and some quick searches don’t seem to help, that this scenario, whilst possibly, technically, in some defined circumstances, may be possible, that it rather sits better within the urban myth bracket. 

 

Has as anybody ever heard / known of a successful claim??

 

 

[Squaredy]

11 minutes ago, kevinjohnsonmbe said:

Can’t help thinking, and some quick searches don’t seem to help, that this scenario, whilst possibly, technically, in some defined circumstances, may be possible, that it rather sits better within the urban myth bracket. 

 

Has as anybody ever heard / known of a successful claim??

 

 

You might be surprised how common it is.

 

Here is some info about it. 

 

https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land/practice-guide-5-adverse-possession-of-1-unregistered-and-2-registered-land-where-a-right-to-be-registered-was-acquired-before-13-october-2003

 

There have been some very high profile cases in the news over the years, where squatters have eventually taken posession of a large town house because the council who owned the house failed to kick them out.

[Squaredy]

17 minutes ago, kevinjohnsonmbe said:

Can’t help thinking, and some quick searches don’t seem to help, that this scenario, whilst possibly, technically, in some defined circumstances, may be possible, that it rather sits better within the urban myth bracket. 

 

Has as anybody ever heard / known of a successful claim??

 

 

Here is an example.  http://www.dailymail.co.uk/news/article-3589749/Pensioner-s-anger-squatter-wins-right-400-000-house-faces-losing-flat-pay-legal-bills.html

[Gary Prentice]

So you can take possession of someone else's property, keep it for a number of years and then the law says that it's yours?

 

Ronnie Biggs should have got a better brief 

[Steven P]

It is a lot of years and the owner of the land has to avoid it all that time really.

 

In the case of a wood - that is not built on - how would you prove adverse posession? I think thats where cases might fall down and the owner could simply say they visited the site, no one was there and so all is good (easier to prove if you have built something on the land or for example if you are taking a house when utiity bills can show posession and the owner would have to be aware from visiting that someone else was using the house)

 

If I Wanted to own the wood I would phone the council up and make them an offer and take it from there.. no planning permission, and not much commercial value it wouldn't cost the earth.

[Squaredy]

10 hours ago, Gary Prentice said:

So you can take possession of someone else's property, keep it for a number of years and then the law says that it's yours?

It usually only affects large landowners who have land or property they totally neglect or fail to use.  In many ways you could say it is very fair that if you allow someone to use your property for 10 years and treat it as their own and take no action then maybe you don't really need it.  In a lot of cases the land is unregistered and the ownership has been lost in the mists of time.

 

Of course if you go back far enough how did anyone acquire land......just by enclosing and using it.