A sad, sad, day

[Gwyndy]

The rules on 'adverse possession' have changed. You might find this useful - http://www1.landregistry.gov.uk/asse...ts/lrpg004.pdf

[dexterdoglancashire]

So sorry to hear your news. Hope it all works out for you, you've obviously spent lots of time, and money making it look that good.

[cupcake]

What a miserable lot of neighbours you have. I hope it rains on their parade.

[Maximillian]

Incredible! I think there's lots of good advice there. A friend of mine was able to buy wasteland very cheaply and he turns it into 6 allotments which are great. Good luck to you... Altho the rave idea sounds good as a send off, you could send out secret codes and maps and sell tickets to finance your next plot ;-)

[louisesgarden]

The problem with the council is they bully the easy targets, they dont deal with the real problems as it to much like hard work, you are probably an easy target for someone sat behind a desk, dont back down fight it !! and they will hopefully back down ! x

[selfraising]

I can understand why you must be really gutted. It looks lovely in your pics and you've clearly put a lot of work into it. Don't give up just yet, follow all the great advice peeps have given.

[andrew1973]

Wow,

Thank you all so much for your messages/ advice & support.

We have been here 3 &-half years & so have been taking the trouble to look after this land because no one else was bothering. The area of land separates my garden from a railway line. My garden & this land are only separated by a 2ft high post & rail fence, so as such there was little to stop me in my determination to cultivate it!!

It was riddled with horsetail & bindweed etc, etc. and only got visited with a guy spraying every six months or so...& that was the extent of it. We've always assumed that it was land owned by the house-bulider (and have never been told differently)...until now.

It is not council land, although I understand that the council have stepped in because of complaints and have given the landowner a nudge. I certainly haven't upset anyone, so I can only assume that its stems from jealousy. My next-door neighbour has also cultivated this bit of space at the end of his garden and has also been told to stop.

At least I have got until Sept. so I'll get to reap the rewards of most of my hard-work. The alternative would have been the council bulldozing it, charging the landowner, who would then pass this cost onto me.

I have asked about renting or buying the land & I am awaiting an answer. Failing all else I'll be moving my beds into the garden somewhere and I am destined to be yet again staring at unused land that's covered with weeds.

Thanks once again,

Andrew

[selfraising]

If the bit of land is bordering on a railway line, perhaps it belongs to British Rail or whatever they're called at the moment. It might be worth giving them a ring

[teakdesk]

I did wonder if it was railway land as thousands of houses in London have the same "problem" or "benefit". Down there the householders have "claimed" an extra 20 yards or so of land and use it as their gardens.

As I understand it, the railways have no plans to use the land at present but know that they could lose it if they do not claim it every few years.

So they regularly lay claim to the land and ask householders not to remove marker posts, or whatever, that define their land.

They don't actually mind householders continuing to use the land once they have claimed the ownership back but they do not allow any structures (such as sheds, gazebos, garden walls, raised beds etc.) that could be deemed by a court to showing continual use by a householder.

They also make sure that this land is clearly excluded from any house sales.

I have a feeling that if you remove all permanent bits (boundaries to your growing beds, fruit trees, sheds, fences between you and your neighbours, etc) but continue to grow annual crops there then they will leave you alone for a few more years.

This "re-claiming" of land is an automatic procedure performed by the railways and it is not necessarily due to a complaint from a neighbour.

Good Luck!!

[lettuceleaf]

There is a lot of advice and encouragement here - so nothing much I can add - except don't give up lightly.

I hope that the landowner, whoever it is, will see the benefit of having someone like you utilise the piece of land thereby preventing it from becoming overgrown and an eyesore. I suppose if someone has complained (though I fail to see the reason for complaining) then the Council are obliged to take action.

Let us know how it all turns out - and good luck.

[Edwardo82]

Thats very interesting what teakdesk has said about National Rail reclaiming the land. Surely something can be done to allow people to use this waste land and for the rail companies to stay happy and not have to destroy peoples hard work?! I bet something like the Princes Trust would like to find out about National Rails behaviour, especially in todays world of eco friendly living and grow your own culture. Find out more about the ownership and see if it is connected to National Rail. Start a petition and find out how many more people are in the same position as yourself. There's already you and your neighbour for a start.

Surely if its made more public then some law can be passed to prevent this happening again. Why cant National Rail cash in a little and rent land thats otherwise wasted and non profitable. It's a no brainer to be honest!

Get it in the local rag to start with and start writing to organisations that might help fight yours and alot of other peoples cause.

Seems like the law is flawed yet again!! For the time being

[GrubbyGirl]

If I were a guessing woman I would think the land owner is asking you to leave just so you don't have grounds for claiming adverse possession. He may be amenable to renting it to you.

Good luck

[Storming Norman]

Have you considered suggesting a landshare scheme to the landowners - it's very fashionable and it would regularise your position - which is possibly all they want to do. Meanwhile ask for a stay of execution on this so you can come to a proper agreement, say to the end of the year.

I suspect they just don't want you getting rights to the land that they have not given you.

If the National Trust and local churches can do this then perhaps they can be persuaded to join in - if you can provide them with the form of words/agreement that is used in landshare arrangements so it costs them nothing and they can get good publicity out of it as well.

As an alternative can I suggest you go to your local council and ask to see the allotments officer. Tell them your problem and that you urgently need an allotment to move your raised beds, and equipment to before it is taken from you. I am sure they will be a lot of understanding there, and perhaps there may be a way of jumping the queue to get a more secure, if not so convenient, tenancy. I am sure they will know if someone with too much land who might consider sharing a plot with you this year.

Best of luck - it's a shame as the plot looks good, and September is early, but possibly there will be a better option for you long term if you are really lucky.

Whatever happens don't let them move it for you - you will be charged for this.

Ann

[Glutton4...]

Good luck Andrew, I suspect the comments above re ownership, and the Railway not wanting you to have any 'squatter' rights will be the case.

As long as you offer to rent the land, when the time comes, and offer to sign a formal agreement, I'm sure they will look favourably on you. Good luck with your waiting game, fingers crossed.

[irisgirl]

Sorry to hear this. I agree with everyone saying don't give up yet. If you get together with the other neighbour that has been told to stop and try to make friendly contact with the landowner, they may come to some amicable arrangement.
Make it clear that you have improved the land and it's less trouble for him if you rent it, even on a yearly basis.

Good luck.