Donate SIGN UP

Prescrpitive rights

Avatar Image
robertarthur | 20:37 Fri 15th Jul 2011 | Law
3 Answers
We live in a country lane and there is a grass verge approx 4m wide which we levelled, seeded and have mown for the last 30 years. Anticipating a lane widening scheme by the council I could loose this grass verge. Can we claim ownership of this land because we have maintained it for over 30 years ?
Gravatar

Answers

1 to 3 of 3rss feed

Best Answer

No best answer has yet been selected by robertarthur. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
The rules regarding obtaining land through 'adverse possession' are in this document from the Land Registry:
http://www1.landregis.../public_guide_016.pdf
(It might initially look as if the document isn't relevant to you, because it's a warning about being conned by 'free land' advertisements in the press. However it then goes on to explain, in full detail, exactly when - and how - you can acquire land through adverse possession).

If, having read that guide, you need to refer to any other documents referred to in it, you can find them by clicking 'Forms/Publications' here:
http://www.landregistry.gov.uk/

Chris
You have obviously been reading up about this as you use the technical term 'prescriptive rights' in your heading. Prescriptive rights relate to a mechanism in law for claiming a prescriptive easement - that is, a right of way over another's land. You cannot claim ownership of title by prescription.
You are talking about adverse possession - as Chris mentions.
It is probably worth a try, but the issue is going to be whether you can show that you have fenced the land to the exclusion of others - just maintaining it by cutting it is unlikely to be enough.
Question Author
My very sincere thanks to builders mate and Buenchico for your answers. I will of course follow up on "adverse possession".
Bob

1 to 3 of 3rss feed

Do you know the answer?

Prescrpitive rights

Answer Question >>

Related Questions

Sorry, we can't find any related questions. Try using the search bar at the top of the page to search for some keywords, or choose a topic and submit your own question.