Grass Verge - Adverse Possession

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mcg
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Grass Verge - Adverse Possession

Post by mcg » Mon Jul 01, 2019 12:02 pm

I have a long verge outside my properrty for which I have turfed and planted up.

It is in private ownership with the roads in this area.

Could I in the future claim adverse possession?

Collaborate
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Re: Grass Verge - Adverse Possession

Post by Collaborate » Mon Jul 01, 2019 1:09 pm

Have you excluded all others? If not, you can't claim AP.

mr sheen
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Re: Grass Verge - Adverse Possession

Post by mr sheen » Mon Jul 01, 2019 1:41 pm

Grass verges are usually part of the highway. If this applies to the section you refer to you will not be successful in an AP claim.

mcg
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Re: Grass Verge - Adverse Possession

Post by mcg » Mon Jul 01, 2019 2:44 pm

So need to add some form of fencing?

It runs aline a public footpath.

Collaborate
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Re: Grass Verge - Adverse Possession

Post by Collaborate » Mon Jul 01, 2019 10:58 pm

If you have not excused all others you cannot even begin to think about claiming AP. Back to the drawing board, but as mr sheen says, it's part of the highway so I seriously doubt you'll be able to get away with it.

IdefixUK
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Re: Grass Verge - Adverse Possession

Post by IdefixUK » Tue Jul 02, 2019 8:51 am

The case of Thorpe V Frank & Anor [2019] EWCA Civ 150 (14 February 2019) makes interesting reading, particularly as it deals with a case of adverse possession where the land was not fully fenced.
Regards.

Collaborate
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Re: Grass Verge - Adverse Possession

Post by Collaborate » Tue Jul 02, 2019 9:16 am

IdefixUK wrote:
Tue Jul 02, 2019 8:51 am
The case of Thorpe V Frank & Anor [2019] EWCA Civ 150 (14 February 2019) makes interesting reading, particularly as it deals with a case of adverse possession where the land was not fully fenced.
Regards.
Very interesting judgment and well worth a read. https://www.bailii.org/ew/cases/EWCA/Civ/2019/150.html

Don't think it would help OP. The cases referred to involved ripping up the old floor covering and laying a new one. I don't think some planting or turfing here or there would necessarily be enough.

Further, one cannot claim AP over part of a highway https://www.bailii.org/ew/cases/EWHC/Ad ... 9/328.html

thefunhouse
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Re: Grass Verge - Adverse Possession

Post by thefunhouse » Tue Jul 02, 2019 4:34 pm

I had a similar situation back in 1991 (things may have changed since then) when I wanted to acquire a roadside verge at the side of my house.

The Verge was maintained by the council (they mowed it twice a year) but not owned by them.

It turned out that it was owned by a successor company to that which built a housing estate which the road led to and was one of a number of bits of land which didn't fit into any of the house built, this was in the 1960's.

The owners sold the land to me for £1, the council approved a change of use to Domestic Garden, I then fenced it in and have been mowing the grass ever since.

There was no need to go down the Adverse Possession route.

mcg
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Re: Grass Verge - Adverse Possession

Post by mcg » Tue Jul 02, 2019 6:19 pm

I have approached private owners of verge etc and they have said it was not for sale.

Can a public footpath be entered and exited via walking over a small section of privately owned verge?

span
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Re: Grass Verge - Adverse Possession

Post by span » Tue Jul 02, 2019 7:06 pm

mcg wrote:
Tue Jul 02, 2019 6:19 pm
I have approached private owners of verge etc and they have said it was not for sale.

Can a public footpath be entered and exited via walking over a small section of privately owned verge?
Is there a right of way over the privately owned verge to access the public footpath?

arborlad
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Re: Grass Verge - Adverse Possession

Post by arborlad » Tue Jul 02, 2019 7:22 pm

arborlad

smile...it confuses people

mcg
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Re: Grass Verge - Adverse Possession

Post by mcg » Tue Jul 02, 2019 7:59 pm

Verge is part of a private road that is no longer

arborlad
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Re: Grass Verge - Adverse Possession

Post by arborlad » Tue Jul 02, 2019 8:49 pm

Why do you want to possess the verge, why do you want to divert the footpath?
arborlad

smile...it confuses people

IdefixUK
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Re: Grass Verge - Adverse Possession

Post by IdefixUK » Tue Jul 02, 2019 10:53 pm

Perhaps if you drew a sketch plan of what the situation on the ground is now, and another of what you would like to achieve (and some notes as to why) then we would be in a better position to offer comment. From what we know already your plans seem to be fraught with difficulties, but with more background information perhaps some one can see away around those problems.
Regards.

arborlad
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Re: Grass Verge - Adverse Possession

Post by arborlad » Wed Jul 03, 2019 8:01 am

IdefixUK wrote:
Tue Jul 02, 2019 10:53 pm
Perhaps if you drew a sketch plan of what the situation on the ground is now, and another of what you would like to achieve (and some notes as to why) then we would be in a better position to offer comment. From what we know already your plans seem to be fraught with difficulties, but with more background information perhaps some one can see away around those problems.
Regards.


+1
arborlad

smile...it confuses people

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