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right to communal garden after 25 years of not being used

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  • right to communal garden after 25 years of not being used

    I am a landlord but have not allowed tenants to use the communal garden for over 25 years nor have I maintained it in any way. The other two properties that use the garden and maintain it are claiming that I shouldn't have rights to it anymore and they are going to apply for adverse possession. They have split the garden between them. What can I do?
    Tags: None

  • #2
    I have had a similar problem where my neighbour claims he has maintained the hedge on my registered land for the 20 years prior to my ownership.

    I now maintain the hedge and have fenced the land to prevent access.

    My solicitor is of the opinion that any attempt to take ownership of the land by adverse possession would fail.

    You need to see a solicitor.

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    • #3
      What is the wording in the land registry files regarding ownership and use of the garden?

      Depending on the answer to the above question I would start using the garden again on a regular basis and see what their reaction is
      If they attempt to ban you or prevent your access a court injunction might be the way to go.
      If they apply for adverse possession I think they will be in for a surprise. (have a read here: https://www.gov.uk/government/public...egistered-land)

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      • #4
        Are we talking registered land

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        • #5
          If unregistered: https://www.gov.uk/government/public...e-registered-w

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          • #6
            There are several unstated variables in the scenario suggested. With those variables, the answer will change.
            These are detailed questions and best is to get direct legal advice from someone who has seen the land and the leases and can take a detailed history.
            You may be ok for the moment, but do not leave it. The longer you leave it the worse it will get.

            Comment

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