It is possible for a householder or landowner to encroach onto land adjacent to their own property, by cultivating the land for example. If this continues for a period of time unopposed, the person can then claim this piece of land as part of their property. The period of time is either 12 or 20 years, depending on circumstances.
A typical example is where a house backs onto woodland or heathland, and the householder starts to use the land beyond their boundary for bonfires, compost heaps, vegetable growing and so on. If this continues unopposed by the real owner, the new occupier can start a legal process to declare ownership.
To reduce the chance of dispute over ownership, the owner of the land should mark the boundaries clearly on the ground. Fences or walls can be erected, or more simply, concrete posts marked with the name of the owner or owning organisation. As part of evidence of ownership, the owner or representative should walk the land at least once a year, and take photographs each year which show the owner or representative on the land. Letters should be sent to any householders affected, informing them of the exact line of the boundary, and copies kept.
For further details on many aspects of law and the countryside, see Law of the Countryside (Parks, 1994).
