Ownership of 'no mans land'

[Homer67]

Hi All, I'm just putting out the feelers on this one to see if I have any leverage to raise at a local forum to get other people to help out with maintaining a shared area of no man’s land.

 

I live in an avenue which contains all semi-detached properties and my property is at the end of the avenue. Next to my property is an alleyway which runs straight through to the avenue behind and is adjoined by another alleyway at the rear of both avenues which runs down to the end of the avenues. The houses in the road at a 90 degree angle to the 2 avenues also have rear access via the alleyway that runs between the two avenues.

 

The alleyways are noted on the deeds as not owned by the property owners but it is noted that all properties have a responsibility to maintain the section of alleyway adjacent to their property to a distance of 3 feet outwards (houses built in 1938 so imperial measurements throughout) for the length of the property. So as I have one side of one half of the alleyway running between the 2 avenues and my own section of the rear alleyway adjacent to my property, I and the home owners at the rear opposite to me, have the lion’s share of the maintenance.

 

When I moved in the alleyway was overgrown and only used by one person who lives in the road which runs at a 90 degree angle to the avenues. No one else used the alleyway for vehicle access although there are a number of garages as well as gates into the properties. I spent a few weeks clearing the alleyway so I could enter and exit through each end and I cleared a section at the rear of my property and my neighbours (so mine did not become overgrown again).

 

I then built my garage and ever since I have maintained the alleyways by trimming back overgrown foliage from plants overhanging the rear of properties and cutting the grass and trimming the edges. No one else has ever contributed to maintaining the alleyways at all. As soon as the alleyways were cleared a couple of other residents started using them for vehicle access and pedestrian access. Also pedestrians started to use the alleyways to walk through and since the local school has changed entrances pedestrians, especially those with young unsupervised children and becoming a safety issue.

 

I have contacted the council to find out if they are willing to signpost the alleyways as private roads and beware of vehicles but they are not interested, I jokingly told the council that as I have been maintaining the alleyway single handed for over 5 years it would only be another 5 years before I could claim the land and the person I spoke to laughed and said that may be correct. I don’t seriously think I have a claim but I wonder what weight it actually has to it and if I could use it to raise at the next neighbourhood forum to say if no one else maintains their bit of the alleyway I will be claiming it as my own.

 

This might have the effect of spurring the lazy so and so’s into action and start helping to maintain the alleyway.

 

Any thoughts or advice would be appreciated, please don’t advise me to talk to the residents to get them to help as I have already tried that and I got zero response even to a personal visit and a leaflet drop. Some residents were positively hostile when I suggested they could help out, pretty much telling me to clear off.

[BankFodder]

It's not 10 years, it's 12 years and it's called adverse possession.

 

Adverse possession means that you use land belonging to somebody else without their permission and contrary to their assumed wishes in the matter. If you can do that for 12 years then you can assert your ownership over the land

 

Basically means that owners of land should "use it or lose it".

 

You say that you have been clearing that part of the alleyway because it is required of you in your deeds. Therefore, there is no adverse possession. You are simply doing what you have agreed to do anyway.

 

On the other hand, if you started to grow things on it or even more radically if you fenced it off, then if you manage to maintain that situation for 12 years you could then assert a right to do so.

[dx100uk]

nothing to stop you putting up signs mind.

it is private but you cant stop access unless you gated it..

which...

[Homer67]

Thanks guys, much appreciated.

 

I didn't think it would have any grounds as other residents still use it for pedestrian access and one uses it for vehicle access, so it was never a serious consideration.

 

Frustrating that they all seem to think it clears itself and now I find I'm litter picking most days because of the school run foot traffic, which is very annoying.

 

Problem is if I leave it, it just looks like no one cares and the litter ends up being added to.

 

Thanks to whoever sorted my CR's out, I have no idea why that happens when I post from my work PC. I used to know the HTML codes to insert CR's but seem to have forgotten those!

[dx100uk]

well just double line space.

[ThedaBara]

It's not 10 years, it's 12 years and it's called adverse possession.

 

Adverse possession means that you use land belonging to somebody else without their permission and contrary to their assumed wishes in the matter. If you can do that for 12 years then you can assert your ownership over the land

 

Basically means that owners of land should "use it or lose it".

 

You say that you have been clearing that part of the alleyway because it is required of you in your deeds. Therefore, there is no adverse possession. You are simply doing what you have agreed to do anyway.

 

On the other hand, if you started to grow things on it or even more radically if you fenced it off, then if you manage to maintain that situation for 12 years you could then assert a right to do so.

In Adverse Possession, you must keep all others out by fencing off that part of the land you wish to occupy. If other people are using the land, even by passing through, this is not exclusive occupation of the land.

One can make an application for adverse possession after 10 years, but it's best to wait until 12 years have passed, then it is automatic.

The OP's clearing of rubbish would not amount to an entitlement of adverse possession unless he prevented others from using the land for the limitation period of 10 years.

 

TB