Chicken bald back

[Ain't Nobody Here]

Sorry this is such a long tirade but I would struggle to describe it in fewer words!

 

Our garden backs onto a field which is owned by Scottish Water. It has been left unused as long as we've been here (22 years) but Scottish Water are moving to a site south of Edinburgh and have sold the land for housing development .

 

All the houses along the 2 streets that border the field have been using a narrow 1.5m strip of land (which is badly fenced off on the field side) as extentions to our gardens or in my case a veg patch. Most people actually have no barrier between their garden and this strip but we still have the original low wall which we step over to get to the veg patch. I don't know how many years this has been the case but it could date back to the early 70s when the houses were built.

 

We got a letter from SW today saying that this land is included in their title deeds and they have to include it in the sale so they are coming to put a "wire and post fence" at the original boundary, ie my wall . If this land is destined for use by the developers, I'll lose five 1 metre raised beds, my rhubarb and 2 compost bins . My garden is tiny and I will struggle to find room for any of it there. I'm not even sure how they will do this, as every garden has some sort of fence between it and its neighbour . My hens' freerange area is contained by the wall on one side - presumably they won't insist on the wall being knocked down. Do they also expect me to dig up my rhubarb while it's actively growing ? There's a fence of some kind right along the two sides of the field - we didn't put it in, I don't know who did - why can't they just use that as the boundary? Because land = £££ .

 

I'm loathe to remove my compost bins, rhubarb, raised beds and all my plastic fox-deterrent netting until we know for sure that the housing developer will use that strip of land to build on .

 

I know we're lucky to have had this field the whole time we've been here but I can't bear the thought that I'll lose my veg patch. It's bad enough we're losing our lovely view and the field . We'll also have to start closing our bedroom curtains .

 

You can just see the fencing beyond the black compost bin. My veg patch is behind that wall.

 

Our lovely view

Edited September 20, 2012 by Guest

[Snowy]

Oh no, how frustrating!

Isn't there a law that says if you have used land unopposed for so many years, then you can claim it? (although maybe that is different in Scotland) Also, do they have planning permission yet? I suppose you can buy extra time by opposing any plans - it could be years before it actually gets built on I would leave the fence and veg plots until they physically come and remove them!

[Gertie]

Very sorry to hear about that. It's so easy to get used to something being a certain way. I would leave your veg plot there until you absolutely have to take it away - these things do often take a lot of time.

Could there be an option to club together with neighbours & buy the piece behind your house? This happened between neighbours in my last street - some people had huge gardens as a result.

 

We've just bought a house that backs onto a 45 acre MOD site. In the next few years they are proposing 750 homes & a school. We knew this when we bought it, but I can't help loving the way it is now (ugly but peaceful)!

[Plum]

Poor you, you're going to have houses looking in at you . Hope you can see your lovely view behind.

 

Perhaps they won't get planning permission

[LolaLayla]

So sorry that this is happening Are you able to get together a group to try to oppose it in some way? Would contacting your councillor or MP help?

[C&T]

I'm with Snowy - I thought there was a rule about if a boundary has been in a certain position for a number of years, then that is the boundary. An extension of squatters rights??

 

Be worth looking into it??

[Guest]

IN England it's 12 years before a patch of land is ours - but you need to prove youhave used it that long - photos of children growing up etc can do it!

But this is Scotland - so the law is anyones guess!

[sparkysmum]

Oh no, not so soon Dreadful news. Def lodge objections with planning Dept.. What do community council say about plans Would be good to have them on your side. To be honest if it's not going to happen quickly, I would be tempted to get together with neighbours and simply extend your fences and take the land you have been using until now. It's only a couple of metres - I think you' would get away with it. Worth a try. Alli x

[Ain't Nobody Here]

Thanks all . I'm going to speak to my neighbours and see if we can come up with a plan of action. I really thought we would be allowed to keep the land as a goodwill gesture but I suppose the developers will probably just see it as one and a half metres x the length of 2 streets of prime land for development. However, this is just correspondence from the owners of the land, not the purchasers - they may have decided to let it stay as it is. Fingers crossed .

 

They won't get into my veg patch from the field easily! My plastic netting should deter more than foxes .

[Duncan08]

That is bad news, I agree with the other posts, try and get together with your neighbours to 1. Lay claim, 2. Get your MP involved to object to the planning permission. We took on the council and won with the help of our mp.

[Chookiehen]

Someone told me that it was 6 years in Scotland before you can class it as yours, but it would be worth checking (I have a large strip of land next to my house that I'm considering extending veggie patches into, but don't mention it to the council.... )

[Groovychook]

Hope you can have a constructive meeting with your neighbours ANH!

I definitely wouldn't move anything off the extra bit of land until you have to.

Hopefully, fingers crossed, it won't come to that!

[redhotchick]

I was only wondering at the weekend how the developer got permission to build houses so close to the back of my house. It was fields when I was a child, but the houses were up a few years by the time I purchased my house. I only really noticed when I had some trees cut back.

I'd have thought that in your case the land would be yours by now, not through any legal knowledge, but having read similar things over the years. I'd not be moving anything, good luck x

[Purplemaniacs]

Oh dear ANH, nothing really to add to what others have said but it sounds like you may have an case to argue as you have used the land for some time. Good luck I hope it works out and you can keep it.

 

Chrissie

[Alis girls]

No expert but I suspect you have some rights esp after 22yrs. Good luck - you and the neighbours could make life very difficult for them so its within their interests to keep them sweet. Good luck

[Egluntyne]

Some info here

[Bramble]

I'm with other posters - if you have "fenced" the veg patch then I would suggest you have a claim for what we would call in England "adverse possession" - No idea what the law would be in Scotland, but in England you'd have a pretty water tight case - provided you do not have SW's PERMISSION to use it then I would get together with your neighbours and write back to SW and tell them to get stuffed. Do NOT take this lying down!!! Good luck and keep us posted!

[Egluntyne]

The link I posted above seems to suggest that adverse possession doesn't exist in Scottish Law.

 

I'd seek legal advice if I were you ANH.

[Cinnamon]

We made a land claim last year for the very bottom of our garden that is owned by the local Estate, & we won it (as did our 2 neighbours)

 

It was a simple,but lengthy process.

First we all went to the solicitor - much easier if you all use the same one (& cheaper!), & he made up a document for us saying how long we had used the land & what we had done with it. Tip: Be creative,say how your children have played there,how you have fenced it off to deter trespassers (for your childrens safety) & wildlife etc. The more detailed the claim is,the better.

 

He drew this up into a form that had to be signed by us & countersigned & witnessed by another solicitor.

 

This was then sent off & we waited &waited & waited,but eventually,as the Estate made no counter claim,we were awarded an extension of squatter rights on the land. It will never truly 100% be ours,but this is as close as dammit.

We spent about £400 doing this,plus we took out an insurance policy so that should we sell the house ,the land is insured against the estate trying to grab it back from the new owners.

 

We also made a claim for another strip of land which we lost.

 

Speed is of the essence as you claim will effectively halt the sale process,so you need to get in there quick,so a solicitor mob handed with the neighbours (you will need to take one representative from each property),& show him the letters you have all received.

 

 

One more point - they couldn't build houses if they impaired your view or overlooked you as an invasion of privacy,so should you lose the land registry claim,you can always oppose any building works that are proposed that way.

[Seagazer]

I hope you manage to keep hold of your bit of land and it would be such a shame to have houses blocking your view. I also thing you should get some legal advice as a group and see if you can fight it.

[sparkysmum]

I heard many years ago that usage over a 20 year period entitled you to something, can't quite remember what. I think CAB might be clued up & they're free Fingers crossed for you & your veggies. Alli x

[Lewis]

Hope you can get something sorted between you all - sounds promising, esp if you can show them how long you've used the land for!

[Ain't Nobody Here]

Went to a very informative information session at the local church held by Cala Homes, the developers.

 

We will be losing the strip of land . There doesn't appear to be anything we can do about it, they will own the land and can do what they like with it. However, it's not all doom and gloom as we appear to be pretty lucky, according to the plans. We'll have a large 4/5 bedroom house, sideways onto us, with a massive garden (compared to ours) in a big L-shape adjoining our garden. Possibly no windows on the side of the house too. There may even be a strip of planting of some kind between our two properties.

 

Work commences next Spring so our veg is safe for this year (I already have plans on where to resite it all next year) and the whole development will be finished by 2016 (we''re beside the middle phase of building). The girls will lose quite a bit of freerange area, which is sad . On the plus side, I'll be able to see and tend to my veg without hopping over a wall.

[Egluntyne]

Maybe the owners of the new property will sell you the strip of the land eventually ... especially of their garden is going to be massive.

[Plum]

Oh so sorry I was hoping you would have a chance of acquiring it.

 

On the plus side they may keep the foxes away