land boundraries

[cazzaz]

there is a large piece of uncultivated council land at the rear of my property.Ten years ago I extended my garden onto the land with a fence. The council now says that this amounts to trespass under civil law and I must cease using the land and return it to its original condition.(This being weeds that reach a height of over six feet in the summer)They do offer an alternative....that I take out a tenancy to rent the land, as some of the residents did ten years ago.The counil have no plans to use or cultivate the land in future. Can anyone tell me what my rights are regarding continuation of use Thanks Cazzaz

[dzug]

Your rights are whatever you can negotiate with the council - it's their land, and (in the view of some, anyway) you were trying to steal it.

[derrynoose]

Is there any possibility that you now haveSquatters Rights as you have fenced and used the ground for such a long period. Worth looking into. Check with a solicitor.

[buildersmate]

Its all very well some the above responders taking a high-handed attitude but this is exactly how land has been won and lost for centuries - by occuping it.
Unfortunately you cannot register your adverse possession - its not long enough a period. Because they have spotted it, you have no rights - you will have to negotiate.

[rabbitygirl]

Two homeowners in my last street rented parcels of adjoining land, one from the council and one some woodland belonging to the water company. Both areas were fenced by agreement to join their gardens. The rent is surprisingly low in both cases.

[rojash]

I somehow doubt that the council will send someone round to kill cazzaz, cleversod.

[cazzaz]

Thanks for your answers(some of them anyway) and in reply to the high handed ones Id like to add that the council do not want this patch of land and have been trying to off load it onto the residents for years. Last year they sent letters to all who leased garden extensions asking them to take more for the same rent . The ideal scenario for the council would be that the residents took the whole of the land to rid themselves of the liability..........and they are the words of a councillor! Thanks all.

[dzug]

Well if the council don't actually WANT the land, surely they will sell it to you for a nominal sum rather than fuss about renting it?

Or the Councillor may not have known what he was talking about - quite a common situation.

[IggyB]

i agree with the above - you have no right to the land legally as you cannot claim adverse possession due to the councils actions in filing papers to repossess and the length of time you have taken over the land.

it seems very unlikely the council do not want this land - so you should negotiate the rent or a sale as its your only option, if you keep the land fenced in you will be taken to court and convicted as the law will not care how the council sees fit to keep its property (e.g. the hight of the grass etc)

[beanebabe]

My brother extended his garden to cover a piece of land at the bottom of his garden (for a nominal annual fee). The only stipulation is that he doesn't build any permanent structures on it. He has built a wooden summer house on it.