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Claiming back a bit of land
I posted a question sometime ago about a bit of land that was owned by me and several other flat owners around us. Really this land had just been left quite unlooked after - really like waste ground and a person whose garden backs onto this land decided to extend his fence - he is not the owner of this land. I was unsure of what to do as did not really want the land but of course could lead to problems if I went to sell my house. I did not know how to approach the guy who build the fence. Anyway I have since approached him and found him to be a very reasonable person who says that as part of his fence came down and he was building a new one he basically extended it to stop teenagers hanging around the waste ground and drinking and writing graffiti. He immediately offered to take it down and put back to where it was. I asked him to hold fire and perhaps we could come to some arrangement with the other owners (18 houses) that he paid for the land and the title deeds were changed. As he said would happen my neighbours are not even responding to this request - either to say let it happen or not so I am not sure what to do next. To be honest this guy really has tidied up the area and if the fence is taken down who is to say anyone will bother to keep it tidy. This guy has also suggested that should I come to sell, if there are any problems he will happily remove the fencing although I believe that if left then after a period of time it would really become his. I dont plan to move for now but wonder would a letter from him confirming he accepts not his land and should I wish to sell he would remove fencing etc be sufficient to save any problems? If so would this have to be done via a lawyer?
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Are you clear about the exact ownership of this piece of land? I guess we are talking England and Wales law?
As I understand it, a leasehold flat has a lease over the land on which all of the flats are built (stating the blindingly obvious!), a freehold flat actually also owns the land on which one flat is built, there may be other leasehold flats on the same site (see above). A Commonhold flat (quite recent legislation - 2005?) owns a share in a company that actually owns the land on which all the flats are built; that company owns the freehold.
The point is, in law, ALL the flats cannot own the land - either one of them owns it (the freehold flat and the others have leases), OR a separate freeholder owns the land and all the flats have leases on it (and pays the freeholder ground rent), OR a commonhold situation may apply.
Regarding the claiming of the land, nice as he may be, this guy can fence this land off and maintain it for > 10 years, thus enabling him to start the process of claiming it from the freeholder by adverse possession (if Registered Land). A piece of paper signed by him, given to you (unless you are the freeholder) may not be enough to prevent this.
More than that, I think you need proper legal advice.
A better solution would be to get your neighbours to assist in doing something better with the land - for everyon'es benefit.
As I understand it, a leasehold flat has a lease over the land on which all of the flats are built (stating the blindingly obvious!), a freehold flat actually also owns the land on which one flat is built, there may be other leasehold flats on the same site (see above). A Commonhold flat (quite recent legislation - 2005?) owns a share in a company that actually owns the land on which all the flats are built; that company owns the freehold.
The point is, in law, ALL the flats cannot own the land - either one of them owns it (the freehold flat and the others have leases), OR a separate freeholder owns the land and all the flats have leases on it (and pays the freeholder ground rent), OR a commonhold situation may apply.
Regarding the claiming of the land, nice as he may be, this guy can fence this land off and maintain it for > 10 years, thus enabling him to start the process of claiming it from the freeholder by adverse possession (if Registered Land). A piece of paper signed by him, given to you (unless you are the freeholder) may not be enough to prevent this.
More than that, I think you need proper legal advice.
A better solution would be to get your neighbours to assist in doing something better with the land - for everyon'es benefit.
I am in Scotland sorry. This is a small area of land around our car park - originally really used by those who did not have a garden as a drying area. Unfortunately I cannot even get some of the neighbours to open their doors to me to discuss this that is why eventually I sent a letter to them all and hardly any have bothered to respond. Was really trying to work out what best to do to protect myself. If I 'make' him take the fence down looks like all the work and worry of troublemakers will be left to me - they are certainly not bothering to take responsibility neither have they bothered that he has erected a fence.
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