Unused waste land

[Nicolapowell1]

I live in a rented council house, there is an area of unused wasteland adjacent to my back garden. I want to use this land, maintain it and fence it, what is the legal status on doing this

[factor-fiction]

Who owns the land?

[MASS1961]

It may be unused but will probably be owned by someone

[Buenchico]

Someone will own the land. If it's registered, you can find out who that is from the Land Registry:
http://www.landregist...erty-or-piece-of-land

If it's not registered your local County Record Office might have maps which provide some clues as to who the owner is.

If you fence the land and use it for 10 years (if it's registered) or 12 years (for unregistered land), without challenge, you might be able to claim title to the land by 'adverse possession'.

Start here:
http://www.landregist...uides/public-guide-16
If you need the 'small print', follow the link from Section 8.

Chris

PS: Since trespass is not a criminal offence, you'll be doing nothing wrong if you make use of the land (irrespective of whether you later make a claim for adverse possession). However you risk wasting money on fencing (or, for example, by having to dig your crops up) if the owner then challenges your use of the land.

[askyourgran]

I would approach the Council and enquire, but if you are renting your house I would expect they'll ask what purpose you intend to use it for then probably charge rent for using it, if it is their land of course. I'm not confident with the legalities of this, I don't think they will allow many things on common land.

[NOX]

As chris says you can 'usually' (now) claim adverse possession if you simply make use of it in a proveable way for a certain amount of time. I did this very successfully for a long time, so my advice would be to simply use it and see what happens- the worse that can happen is the owner pops up and kicks up a fuss- in which case bad luck- however you might be lucky and end up owning it- just don't lay out too much money on anything which can't be applied elsewhere in case things go wrong.

[Hastler]

I notice you said you rent your house from the council.
Would you be able to use the land if the council has to move you for some reason?.
I know somebody who had a council house and the piece of land attached to the garden had been forgotten about and was going wild.
Nobody could access it as it was surrounded by other properties.
He approached the council and they moved the fence and tidied it up and then allowed him to use it and did not put his rent up.
Sadly he has now passed away but as far as I am aware that piece of land now forms part of the house.

[cassa333]

Eventualy you would own a piece of land.

How big is it? how is it accessed other than through your council owned property? What would you do with it once you owned it that was different to how you would use i now?

[Smowball]

What do you want to use it for?

[bushbaby_de]

you'd also need planning permission for change of use from common amenity land to private residential curtilage