Updated October 2026
In short: You can't simply take over council land because it looks unused. The most reliable route is to ask the council to sell or license it to you. Adverse possession ("squatter's rights") is possible in limited cases, but for registered land the council is notified and can usually object. Highway land and public open space are especially hard to acquire.
| Route | How it works | Chances |
|---|---|---|
| Buy from the council | Contact the council's property or estates team with a plan and an offer | Best route; council must get best value |
| Licence or lease | Pay to use the land (e.g. as garden or parking) without owning it | Good for small strips and garden land |
| Adverse possession (registered land) | Exclusive possession for 10 years, then apply to HM Land Registry | Council is notified and can object; success is limited |
| Adverse possession (unregistered land) | 12 years' exclusive possession | Rare for council land; still needs strong evidence |
| Community Right to Bid | Community groups nominate an Asset of Community Value | For community use, not private gain |
Steps to approach the council
From idea to agreement
| 1 | Identify the land Get the title from HM Land Registry, or confirm it's unregistered. |
| 2 | Check its status Is it highway, public open space, or held for housing or another purpose? |
| 3 | Prepare a proposal A plan, intended use and an offer. Explain the benefit, such as ending fly-tipping. |
| 4 | Negotiate The council will value the land and may advertise disposal of open space. |
| 5 | Complete Solicitors handle the transfer, covenants and any planning needed. |
Check before you invest
- Planning permission for change of use (e.g. to garden)
- Restrictive covenants the council may impose
- Underground services and rights of access for utilities
- Trees, protected species and drainage
- Effect on your property's value
How Fraser Bond helps
- Identifying ownership of land next to your property
- Valuing the land and the uplift to your home
- Negotiating with councils and other landowners
- Sourcing land for development or amenity
Interested in a piece of land next to your home?
We can trace the owner and value the opportunity.
Speak to our teamRelated guides
Fraser Bond services: Development · Free valuation · Contact us
