highways land.

[chocaholicsa]

if you tend land that belongs to high ways for at least thirteen years, can they take it back, and move your fence.

[JSB]

If a person encroaches on (i.e. occupies without permission, or squats) their neighbour's land (including a local authority's land) without permission for at least ten years, using it openly, continuously, exclusively and intentionally, they may be able to become the legal owner.

During the period, the squatter can pass on the premises or land by gift or will to someone else, who can then add the squatter's length of occupation to their own.

Of course if the Highways authority decides to take it back you have a boundary dispute and you'll need to take the issue to court.

Good luck!

[kempie]

It all depends on whether the land is registered with the Land Registry. This is where you would trace the ownership of the land in question.

Prior to the Land Registration Act 2002, a squatter wishing to claim ownership of land by adverse possession would have had to:

• be in actual possession of the land,
• enclose the land so as to keep out the world at large and the rightful owner in particular, thereby enjoying exclusive use of the land,
• act with the intention of being the owner,
• hold himself out to be the owner,
• cultivate the land,
• satisfy the 12 year qualifying period laid down in the Limitation Act 1980.

The above still applies in the case of a squatter seeking to adversely possess unregistered land. However, if the land is registered it belongs to the person indicated no matter whomever else tries to claim it.