Many years ago we lived in a house backing onto woodland. About 12ft from our boundary was a public footpath and the bit in between was just wild. One of the neighbours, a Polish war veteran, had been there since the end of the war and cultivated the strip behind his garden for vegetables. Because he could prove that he had used the land continuously for a period of years he was able to claim ownership and incorporate it into his garden. I expect the law may have changed in the intervening 40years!
Just when you thought the thoughts couldn't get any vaguer...I think there's some legislation about upkeep. If you have looked after it for a length of time you can claim it...er something.... There was a thread on here ages ago about it. Cumbrae..only place I ever goed a tandem. The chain came off and my friend started to cry. I didn't cry and put it back on!
Hmm, yes, can of worms...maybe your best bet Morag is do exactly what you are doing, enjoy developing your secret garden and don’t raise the issue unless the farmer or some future new owner suddenly decides to reclaim the land. If that happens, then you and the neighbours can get together and decide if it’s worth taking defensive action!
Mountainous Northern Catalunya, Spain. Hot summers, cold winters.
Yes, I did wonder about that Nollie but am not familiar with Scottish law. It does sound like the garden has been cultivated for years so that may help. Morag, could your brother take the gate off its hinges to give you better access, you could then just step over the concrete block? Looking back on your pics, I can understand you loving the place and I would probably feel the same, but do take things slowly.
Thanks everyone for the valuable advice. A bit worried now!! I will take a photo of the concreted gate to show you how difficult it is. Sure I couldn't step over it the way it is xx
That's the fella'! I'm not sure if it's the same over here but every time my neighbour's gardener cuts the verge, I pay him and we keep receipts. It's my verge after all.
Thank you all but at this stage I really don't want any legal stuff. May change my mind later and will check out if Scots law applies the same. Interesting though xx
Took a few snaps today. This is the gate from the garden and another showing it's been bricked, cemented from the other side, and also the path banked up above path level.
I spoke with an elderly neighbour today and he said the previous owner blocked it all off as the steps up the hill are dangerous & in need of repair. As he didn't want to dismantle & remove it all he just pulled down & filled in . He had concerns that if anyone climbed the hill & fell he maybe responsible. So I now totally understand why he did it. xx
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Cumbrae..only place I ever goed a tandem.
https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land
I spoke with an elderly neighbour today and he said the previous owner blocked it all off as the steps up the hill are dangerous & in need of repair. As he didn't want to dismantle & remove it all he just pulled down & filled in . He had concerns that if anyone climbed the hill & fell he maybe responsible. So I now totally understand why he did it. xx