Extending the border of my property...Advice needed

fireisdangerous

fireisdangerous

fireisdangerous

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St. Neots, cambs
Just moved into a property and my garden backs on to and area of conservation land. This land belongs to a local couple at the end of our street who according to our neighbour have been dead for 3 years or more. The land currently houses 2 large disused greenhouses and overgrown weeds and grass.

What are the laws for exstending your boundry without permission from the owner as they are dead. My mum seems to think that if you exstend your border and no one notices for 5 years then the land is legally yours?

We have written a letter about the land and posted it through the owners letterbox but the house looks abandond.

Anyone been in a situation like this, what would you do.

Some pics

This is all the weeds behind my back fence

 
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vanandjuanunited said:
So you want to steal a dead persons land
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I don't think they'll mind strangely.

Speak to the council about this. Never heard about "It's legally yours after 5 years" but you'll be able to find out who owns it and if they're dead/ unaware they own it.

Could make a nice community project if you can't nick it.
 
Adverse possession is real and can be claimed after 12 years. And the land will belong to the heirs of the couple.
 
Surely the Beneficaries of the dead couples estate own it?

if its not in their will I would imgine it would go to their children or imediate family... dont tihnk you can just steal it as it has to belong to someone even if its not being used.
 
enigma27 said:
Surely the Beneficaries of the dead couples estate own it?

if its not in their will I would imgine it would go to their children or imediate family... dont tihnk you can just steal it as it has to belong to someone even if its not being used.
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Agreed, but let's assume for arguments sake that there are no beneficiaries; There must be a lawful process in order to secure the land in your ownership, no? But obviously OP - find out who owns it first.
 
vanandjuanunited said:
How much of it are you planning on stealing if you can get away with it.
Why do you need a bigger garden

Did you state another option to theft in the letter you put through their door
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Surprised more people aren't agreeing with the person above tbh.

http://theprobatedepartment.co.uk/rules-of-intestacy/

If there is no surviving relative then it goes to the crown. You'd be stealing from someone, whether that be a relative who may or may not be aware of the land or from the crown. If it really is an unclaimed estate though think it'd be on the linked website for unclaimed estates.
 
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As far as I'm aware. If there was no will then intestate rules apply and a relative will inherit the ownership. If they're all dead the land becomes 'Bona Vacantia' and goes to the crown. Maybe you could finds the current owners from the land registry and offer to buy it? If it goes to the crown they'll want the full market value. I'd be wary of touching fences etc, if the legal owner appeared at some point they could claim trespass and even criminal damage. It's not as simple as just taking the land, have a read on 'Adverse possession of registered land'. It's all based around 'animus possidendi', an intention to possess and proving 10 years possession, there's all kind of issues if the owners are dead and a trust is involved. It'll get expensive when it goes wrong.

You might end up regretting stirring it all up. Sleeping dogs and all that. Land Registry could well contact all your neighbours with a vested interest sharing the boundary. If they weren't bothered before, bet they are afterwards. And developers love a plot like that, they always get wind of it, watch out you don't end up with new neighbours overlooking your back garden.
 
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Go round and cut the weeds that are destroying your fence and then leave it you can't be going round stealing land!
 
Thanks for all your replies. I have done a bit for reaserch on the land and property is still registered to the elderly couple who died over 2 years ago which to me suggests that the deeds have not been passed to anyone otherwise the land registry would have been updated.

I have tracked down the address of the couples son and will be righting to him about the land.

The area is conservation land so cannot be developed. The main point to finding out who owns the land is not to get a bit more garden but to find out who's owns the land to take ownership and remove the unsightly green houses and tatty outbuildings. It also does not provide not the greatest view to look out on. Someone needs to claim the land as its just a waste of space that is going to become even more un cared for and over time will look even worse. The lad could be used as allotments or just a small park.

And once I have found out who owns the land I can ask If they would sell some of their land so I could extend the land.

I at no stage said I was going to steal the land I was just asking if anyone had been in a similar position. And why would I want a bigger garden... to have more space, make my house worth more etc.

Whilst I investigate further and wait for replies to my letter I will cut back all the plants from behind my fence and look at replacing the fence.
 
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I've also heard of this law that means if you fence off a piece of land claiming it to be yours and no one complains about it for 12 years (not 5) then you can claim the rights to that land. 12 years is a long time though! The rule would make sense though, if no one complains then who is bothered that you are claiming it?
 
A conservation area doesn't mean it can't be developed, just that the developer has to 'preserve or enhance' in line with the character of the area. Also iirc it also removes some of the normal permitted rights. Things like demolition need special consent, asking to remove trees that kind of stuff.
 
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It looks unlikely the land could ever be easily developed because of a lack of access. You'd have to purchase surrounding property adjoining a nearby road and possibly demolish.

There doesn't seem a huge incentive to maintain the land either.

If it were mine, I'd only consider selling as a full plot. Otherwise you'd end up with awkward bits of land you can do much with.

pitchfork said:
Well as far as OP knows it doesn't belong to anyone.

Dead men own nothing and if no one owns it, it isn't stealing.
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Someone owns the land. If the diseased estate was left unclaimed it belongs to the government. It can sometimes take years to update details at the land registry if the estate isn't straight forward.
 
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