Can I move my fence on to unclaimed land?

[jblack]

Hello All,

Our front garden is bordered by a 4ft hedge which we own and runs parallel to the road. Between the hedge and the road there is an area of grass approx 5ft in width. This land has not and never has been maintained by the council. They maintain the opposite side of the road which has the same set-up.

There was a ditch running the length of the road on this grassed area but it was infilled years ago. There is no footpath.

I've looked at my deeds and contacted the council about who is responsible for it but have got no definative answer.

I'm wondering if it would be legal for me to erect a picket type fence on this land.

If I were to leave it to overgrow who would be responsible for maintaining it? It would seem that the properties along the road have 'adopted' the land outside each of their houses and keep it cut etc.

TIA, J

 

[Jackrae]

The simplest way to get that question answered is to put the fence up. You'll soon find out then who thinks they own it. In the absence of counter-claims, consider it "job done"

 

[jeds]

I agree. Just put the fence up and sit on it.

 

[chapeau]

We've got a similar strip of land at the bottom of our front garden. Compulsory purchase in 1969 for the grand sum of 10/- for the purposes of widening the road which is a bit unlikely as the road ends in a field to nowhere.

We maintain the strip for the council free of charge and even pay the council to take away their grass in the green bin.

Remember that if it's part of a public highway you might end up owning it but it might still be part of a public right of way. So fencing it off might be an obstruction, you would need to check with a lawyer I would think, or gardenlaw.co.uk is always good for this sort of thing.

 

[xr4x4]

Any land like that, that if isn't claimed after 10 years is yours..!

 

[HERTS P&D]

Fence it, if no one complains take it as yours!

The worst thing that can happen is that you get a letter telling you to take the fence down.

Andy

 

[noseall]

...Yeah, and if you hit a fibre optic cable or similar whilst prodding your posts in be prepared to sell your house!

 

[dhutch]

...Yeah, and if you hit a fibre optic cable or similar whilst prodding your posts in be prepared to sell your house!

Yes, dont hit a fibre way!

 

[jblack]

Thanks guys.

I think the chance of hitting a fibre optic cable are pretty slim. We've only just been introduced to the wonders of broadband that actually works .

There is a BT cover (large manhole type) but that would be left between the fence and the road so there would be no obstruction to it.

 

[mattylad]

If there is a BT hole then under there, there is also likely to be BT cables.

Be careful when you fit your fence.