Body & Soul0 min ago
Prescrpitive rights
3 Answers
We live in a country lane and there is a grass verge approx 4m wide which we levelled, seeded and have mown for the last 30 years. Anticipating a lane widening scheme by the council I could loose this grass verge. Can we claim ownership of this land because we have maintained it for over 30 years ?
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The rules regarding obtaining land through 'adverse possession' are in this document from the Land Registry:
http://www1.landregis.../public_guide_016.pdf
(It might initially look as if the document isn't relevant to you, because it's a warning about being conned by 'free land' advertisements in the press. However it then goes on to explain, in full detail, exactly when - and how - you can acquire land through adverse possession).
If, having read that guide, you need to refer to any other documents referred to in it, you can find them by clicking 'Forms/Publications' here:
http://www.landregistry.gov.uk/
Chris
http://www1.landregis.../public_guide_016.pdf
(It might initially look as if the document isn't relevant to you, because it's a warning about being conned by 'free land' advertisements in the press. However it then goes on to explain, in full detail, exactly when - and how - you can acquire land through adverse possession).
If, having read that guide, you need to refer to any other documents referred to in it, you can find them by clicking 'Forms/Publications' here:
http://www.landregistry.gov.uk/
Chris
You have obviously been reading up about this as you use the technical term 'prescriptive rights' in your heading. Prescriptive rights relate to a mechanism in law for claiming a prescriptive easement - that is, a right of way over another's land. You cannot claim ownership of title by prescription.
You are talking about adverse possession - as Chris mentions.
It is probably worth a try, but the issue is going to be whether you can show that you have fenced the land to the exclusion of others - just maintaining it by cutting it is unlikely to be enough.
You are talking about adverse possession - as Chris mentions.
It is probably worth a try, but the issue is going to be whether you can show that you have fenced the land to the exclusion of others - just maintaining it by cutting it is unlikely to be enough.
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