Fence at the end of a path or garden. Am I allowed to claim ownership of a vacant piece of land that I fenced off?—The Times
In the press 11 December 2023

Am I allowed to claim ownership of a vacant piece of land that I fenced off?—The Times

Harriet Allsop, Associate in the Russell-Cooke Solicitors, property litigation team.
Harriet Allsop
1 min Read

Associate Harriet Allsop features in a Q&A in The Times advising a homeowner on the legality of claiming ownership of a vacant piece of land that they have maintained since the 1990s. The article details the case to be made in an application with the Land Registry, while emphasising the need for the homeowner to weigh up the potential risks and costs. 

The fact that you fenced the land into your garden means that you have the makings of a case. You would also need to show that you have used the land as your own. If, for example, you have built a shed on the land and maintained the plants and/or lawn, that will help. Importantly, you must not have been given the owner’s consent to use the land. If you want to make an application for registration of the land, you should speak to a lawyer first to get specific advice about the strength of your case and the process involved.
Harriet Allsop, Associate in the Russell-Cooke Solicitors, property litigation team.

The full article is available to read online on The Times, by subscription only.

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Harriet Allsop is in the property litigation team, specialising in commercial landlord and tenant disputes, working closely with the commercial real estate department on lease renewals, while assisting with the statutory notice formalities and lease renewal proceedings for both landlords and tenants.

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In the press Property litigation claim ownership of land Land Registry claim ownership property registration of land in your name 12 years' occupation factual possession named owner named owner of land registration of the land occupying owner occupying owner of land First-Tier Tribunal
The fact that you fenced the land into your garden means that you have the makings of a case. You would also need to show that you have used the land as your own. If, for example, you have built a shed on the land and maintained the plants and/or lawn, that will help. Importantly, you must not have been given the owner’s consent to use the land. If you want to make an application for registration of the land, you should speak to a lawyer first to get specific advice about the strength of your case and the process involved.
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