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If there was a piece of grass verge(privatly owned by a management company) outside the garden fence and the owner takes it upon himself to include the verge into his own garden (as in his title deeds the home owner was responsibe for the maintenance of that particular grass verge) How many years is it before the home owner can claim rights over the land?

2007-08-22 20:52:53 · 10 answers · asked by needtoknowjo 1 in Politics & Government Law & Ethics

10 answers

I'm afraid to say in this instance it doesn't matter because the 'owner' will never acquire title.
Adverse possession (which is what your question is aimed at) is a concept which is greatly misunderstood. But one of the key elements is possession adverse to the rights of the true owner.
Now, if you are my neighbour and you start to mow my lawn and maintain it for years and years - you will never become the owner of that land, becasue you act with my consent.
You can maintain the grass verges in the entire estate, you'll never own them.
If you fenced off the grass verge and excluded the management company from it, and did so for at least 12 years; you MAY have a shout at an adverse possession claim.
But at any time, if the management company ask you to remove the fence (even if you don't) then the time begins again from that request.

2007-08-22 22:43:38 · answer #1 · answered by JZD 7 · 1 0

10 years for unregistered land and 12 years for registered land - see the leaflet in the link. I successfully did this in Essex. If you have to maintain the verge anyway it gets more complicated but enclosure is a good first step.

2007-08-23 04:07:15 · answer #2 · answered by morwood_leyland 5 · 0 1

As with most legal questions, the answer varies by country and state/province.

The concept you are talking about is called adverse possession -- and only some jurisdictions allow it to happen under the facts you have described.

If you want a real answer, consult an attorney/solicitor in your area that handles real estate law.

2007-08-23 04:03:43 · answer #3 · answered by coragryph 7 · 0 0

In the UK if you have enjoyed use of land for 12 years without break and it is suitably maintained by you. you can claim it as your own. but not if the land is proved to be common land in the first place. not all claims are successful under this rule

2007-08-23 04:48:54 · answer #4 · answered by Anonymous · 0 0

As far as i am aware it is 10yrs but the piece of land must be claimed, a boundary either of fence, trees, tape etc etc. I would have a look at the actual land registry details. It is on your title deeds as your responsibility I would check to see if your boundaries already incorporate.

2007-08-23 04:13:40 · answer #5 · answered by valf 4 · 0 1

My neighbour acquired a section of cul-de-sac laneway at the back of his house he had to wait 12 years.
Another person I know bought a piece of useless land at the side of his house from the council, it was a modest £1000
United Kingdom not sure about USA

2007-08-23 04:06:04 · answer #6 · answered by xenon 6 · 0 1

No limit. But if homeowner allows the company to use area for 30 yrs. he will lost his rights in favor of the occupants.

2007-08-23 04:04:01 · answer #7 · answered by wilma m 6 · 0 1

12
but youneed to do something that means you have done something with the land such as plant some shrubs yround the edge of it and maintain them.

2007-08-23 03:58:50 · answer #8 · answered by D B 6 · 0 1

Can't be done in that case.....squatter's rights are 20 years, but the circumstances are totally different.

2007-08-23 04:00:16 · answer #9 · answered by Anonymous · 0 1

i thought that common law states that if you have possesion of something for two years with no-one making claim to it then it becomes yours.

2007-08-23 04:02:37 · answer #10 · answered by Icarus 6 · 0 1

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