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There is a small piece of unadopted land which cuts off the corner of the plot of land on which our house sits. Is there any means by which we can claim this land?
There is a small piece of land about the size of a car which cuts off a corner of the plot of land on which our house sits. This has been confirmed by the local authority as unadopted land. It has been routinely used as a parking space by us since we moved in eighteen months ago and by the previous owners as far as we know. Is there any means by which we can claim this land to create a private parking space within the boundary of our property?
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You will not be able to make any claim for adverse possession until at least ten years has elapsed and the following have applied during that period:-
1.That you have factual possession of the land.
2.That you have the necessary intention to possess the land.
3.That you have possession of the land without the owners' consent.
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Any application to the Land Registry to apply for adverse possession must provide evidence together with supporting Statutory Declarations of adverse possession for not less than ten years. Clearly at this time you are only able to to give a Declaration for eighteen months and unless you can provide any documentary evidence of possession for the remainder of the ten year period then it is unlikely that the land registry will accept the application.
Once the land registry is satisfied that the squatter has shown an arguable case for the application they will then give notice to the registered proprietor allowing sixty five business days for a reply. The recipient may give consent to the application, object to the application or give counter-notice.
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