Adverse possession of public land

[Houseee]

My partner and I have owner our home for several years, previously it was owned by his parents for about 20 years.  We have a strip of land at the front of our home wich is open plan. We have tnedered this land since we obtained the house and previously it was tendered my partners parents. We have planted trees, cut the grass, tidied the litter etc.  We have erected a fence around it as we are growing tiresome of people throwing litter there, children breaking trees that have been planted and destroying parts of our property.  A large percent of our neighbours have also erected fences for the same reason.  The council have now told us to take the fence down.  None of our neighbours have been asked to do so. We offered to buy the land from them if this was the problem since they never tendered it themselves, but they said that it was unlikley that they would change the land use from public, to domestic garden.  I have heard that we may be able to aquire the land through adverse possession? Can anyone help me further, and what do you think the chances are?

Thanks

[zmudge]

To read the exact position with Adverse Possession click here and then click again LRPG004 if the land in question is Registered or LRPG005 if the land is Un-registered. With regard to your chances, when you have read the above if you would care then to say which of the rules you conform exactly with and which you do not I will attempt an opinion if you would like that.

[Houseee]

I have read throught the notes and I can anser yes to:

I have possession of the land, it is enclosed, I have taken possession without the owners consent (the local authority), I have tendered it for 8 years and this was passed on to me through my partners parents who tendered it for the previous 20 years they lived there.

I can also get statements from neighbours that adjoin our house stating the same things if this will be of any help?

Many thanks

[zmudge]

Hello. Judged solely from what you have written here on AnswerBank I am sorry to have to say that in my opinion you do not stand any chance at all. The rules regarding Adverse Possession have been around in one form or another for hundreds of years and consequently there is much case law to complicate it. Also there are many thousands of households who tend the Council owned bits of land in front of their property, but it gives
no right to possession. I will not bother you with a legal discussion upon the several vital points that are against you except to mention one which would completely scupper you anyway, and that is by offering to purchase the land from the Council you have admitted that they possess the title. I think that really you should remove the fence. Forget pride and principle. If you let the matter go legal at the very least you will be out of pocket by �25000, but these arguments over obscure bits of land frequently go to four times that and waste years. Lifes to short !!!