We have behind us, land that belongs to the local council and is used for lock up garages(few actually used) a substation and scout/army cadet building.We can access as a shortcut the area involved and have done so for 56 years, clearing any weeds etc behind our house. Can we qualify for that area used as our property?
2007-02-28 00:38:18 · 5 answers · asked by busterdomino 4 in Business & Finance ➔ Renting & Real Estate
The Limitation Act 1980 Section 15 should explain why you are not able to claim the land as yours.However the Presciption Act 1832 S.2 would be of more use to you I feel. If you can prove to the relevant bodies ie Land Registry, a county court judge,etc that you have used the part of the land you describe as a pathway for 20 years or more on a regular basis without the permission of the owner or any other challenge from the owner you could be in a position to claim a private right of way across the land.Try it and see what happens but beware you could run up substantial legal expenses in the process.There is obscure case law which is relevant. Ask yourself is it worth it. Best of luck I would be interested to know how you get on.
2007-03-01 06:49:44 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Seek the advice of an attorney. Most states have a real estate clause called 'adverse possession' and also clauses called 'prescriptive easement'. Both of these statutes refer to uncontested use of a piece of property for a period of generally twenty years or more (varies from state to state). Simply stated, if you have used this property as if you had an easement for this lengthy period of time, and the owner has not objected in any fashion, you may have acquired 'an easement under law'. However, to gain this easement may require legal action to enforce. Again, consult a qualified attorney.
2007-02-28 08:52:47 · answer #2 · answered by acermill 7 · 0⤊ 0⤋
Well, you are not living on it (so probably no squatters rights) and as you say it is used for access - still technically not your land, you just have use of it.
I would look it up on the land registry site and see who actually has title, you may be able to purchase it for some notional sum.
2007-02-28 08:43:45 · answer #3 · answered by ShogiO 2 · 0⤊ 0⤋
no, you would have to have had it fenced off for that period so that you and your family are the only people who can use it. Even if the owners have only used it once a year it is still their land. The fact that at least one garage is still used makes it their land still.
2007-02-28 09:19:36 · answer #4 · answered by mike-from-spain 6 · 0⤊ 0⤋
no you can not adverse property that belongs to government
2007-02-28 08:50:58 · answer #5 · answered by goz1111 7 · 0⤊ 0⤋