parking on waste ground

[mitsy26]

Just wondering if someone knew if you were allowed to used an unused plot of ground for parking our car off the road. My neighbour has decidedto cear the space at the back of his house and to the side of my house to park his car. He has already had a tree chopped down that has been there for many years. Just wondered if he had to own the land before he turned it into a private parking place??

[maclarencat]

Do you know who does own the land? If so perhapps a note to them to let them know what has happened. If not it is possible the land is his. Other than that I dont see what you can do as it doesnt belong to you. He can do this but the owner may come along and make him put it back how it was. After a number of years of looking after it he cam put in an adverse possession claimI believe

[mitsy26]

Thanks for getting back to me, I believe the land belongs to the council

[buildersmate]

The only person who can prevent it would be the owner of the land. There are thousands of little strips of land up and down the country that aren't actually owned by anyone, and this could be one.
If you believe it to be council-owned land then tell them, but land does not 'default' to the council ownership just because no-one is occupying it.

[Old_Geezer]

If the council kept sensible records of who owns exactly what then unclaimed land would become obvious and something done about it. and IMO it ought not depend on the owner noticing and intervening, boundaries should be a matter of record. It's like we're all living in the Wild West where anyone can stake a claim to anything and try to hold it. Not a good system.

[buildersmate]

Unfortunately, OG, that's the way land registration works in England, Wales and NI (no idea about Scotland).
The council will have a record of this land if it has been registered to them, but I would agree that it is pretty unlikely that they do.

[boxtops]

The Council planning office would be a good place to start. I would say yes, if someone else owns the land, he needs to get permission.

[starone]

Is he allowed to chop down a tree? I think trees are protected, although there are a few exceptions. I know my daughter had one chopped down some time ago and because of complaints she had to have two more planted (in a different place) to make up for it.

[cathfromsaron]

if he land grabs for a certain time, i think 12 years, he can keep it!

councils are normally vigilant to this, plus chopping down trees is usually forbidden anyway!

[EDDIE51]

He should have permission but unless the land owner sees the car there and objects then nothing will be done. The worst that could happen is that you / he are asked to move the cars.

[buildersmate]

Correcting various points:

The council planning department is nothing whatsoever to do with land ownership held by the council - the people who would know will be within a legal section of the council - typically part of the finance section of it. But if one is intending to occupy land, one doesn't go about asking who owns it. If one is complaining about somewhere else's actions one has go about finding the rightful owner (if there is one).

Tree-chopping may be frowned upon but trees are only protected if they have a TPO on them or if the area is within a 'special area' - Conservation Area, AONB etc. Most areas aren't.

It would be a civil matter to chop a tree on area one doesn't own, but unless a land-owner knows/shows up, nothing will happen.

Land has been 'purloined' and claimed in this manner for 100s of years, with occupation for a period of time being the main criterion for the occupier to establish a legal right - historically often involving a court case. Since a land registration system was established in the 1920s, the opportunity to register one's interest in the land has been possible (but not compulsory until relatively recently). The Limitation Act of 1980 established the oft-quoted 12 years of occupation as being required before Adverse Possession claim is possible. But that only applies to unregistered land.

Eddie's final sentence tells a lot - the worst that can happen is he / you are asked to move the cars. I should get in and share some of the action but it is useful to you also.