Ownership of land by use.

[annie0000]

I am trying to find out information on rules and law about taking ownership of land by use and maintenance. I can't even think what to call it, so I am struggling to find anything through google.

What I mean is if there is a piece of land that no-one is maintaining and you undertake that yourself, how long do you need to be doing that before you can become the legal owner of the land?

I am sure I have heard of this before.

I am in Scotland.

Can anyone point me in the right direction?

[buildersmate]

In England & Wales it is called Adverse Possession and the period of ownership/maintenance is at least 10 years to be able to start the process for registered land - 12 for unregistered.
No idea if it is called something different in Scotland - try Googling Adverse Possession.

[The Builder]

................just to add to what my mate has said..................it used to be called "squatter's rights" :o)

[littlefatman]

Another thing in Eng & Wales merely maintaining it isn't enough. You have to use it to the exclusion of others; without permission; without objection and without payment of money. Usually that means fencing it in and physically occupying it -not merely popping 'round and cutting the grass. Moreover UK law on adverse possession is about to get tested by the European Courts following the case of Pye v Graham. Try googling that and you'll get an overview of European thinking in this regard.

[Whickerman]

...and you need to do all that and be able to swear at the end of it all that your intention FROM DAY 1 was to take control of the land

[annie0000]

Thank for all your answers guys - I'll do a bit more investigating.

We live on a new housing estate - 6 year old house - there is a strip of land down the side of our house that the company that we pay to take care of common areas has never touched because they say that it does not belong to them. I have a letter from them dated 6 years ago, telling me that it was missed from the initial transfer, but that they would now be maintaining it. They have never done so and I have been phoning them regularly over the last few years.

They now say that it definitely does not belong to them, but they dont know who owns it. They have been trying to find out for the last year.

I have been maintaining it and have threatened to move my fence - this is what sparked then into action last year - I have told them that not maintaining it poses a danger as it contains large jaggy bushes which need regularly cut back.

I think that unless I actually move the fence then I haven't got a case, but I ill look into it - thanx again.

Annie