Claiming Ownership Of Unused Communal Garden

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daffy-dill | 22:04 Fri 27th Jul 2018 | Law
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Hi, can anyone advise me of my rights to claim ownership of a patch of ground that I have been looking after for over 20 years. The situation is a row of 12 terraced houses with shared gardens at the back. Some 20 years ago we all decided to erect a fence splitting the garden into 6 on one side and 6 on the other. This meant splitting a communal area. Since then I have tended to all of the garden on my side of the fence. The neighbours at the other side have shown no interest, but now one of them is claiming it is their garden and cut down a shrub that I planted, just because she can. There has been no dispute or ill feeling between the neighbours but I need to know where I and my other neighbours stand. This is in Scotland.


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As a 'prescriptive claimant' in Scotland you first need to make a 'defective' registration of the land in order to create a 'provisional title' and then go on to try to covert that to a 'real title'. I freely admit that the the law on the matter largely leaves me baffled but here's a starting point anyway:

I think that you're going to need a solicitor!

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Claiming Ownership Of Unused Communal Garden

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