How to Claim Unused Council Land - Legal Process Explained

A Complete Guide to Claiming Land from the Council in the UK

Acquiring land owned by the local council can be a great way to expand your property, build a new home, or start a business. Whether you're interested in claiming unused land through adverse possession or purchasing surplus land directly from the council, this guide covers the legal process, requirements, and options available for claiming council-owned land in the UK.

Why Would You Want to Claim Council Land?

Claiming or acquiring council land can provide you with several benefits:

• Expanding Your Property: If the land is adjacent to your home, it can be used to extend your garden, build a garage, or create additional parking.
• Business Opportunities: Unused land can be developed for commercial purposes, such as a new shop, car park, or storage area.
• Investment Potential: Acquiring land can add value to your property or be developed for resale.

How to Claim Land from the Council: Understanding Your Options

There are several ways to legally acquire council land in the UK:

1. Adverse Possession (Squatter’s Rights)

   • Adverse possession is the process of legally claiming land by occupying it continuously for a specific period. In the UK, you may claim adverse possession if you have occupied council land without permission for 10 years or more.
   • You will need to show that you have treated the land as your own, maintained it, fenced it off, or built on it, without any objection from the council.
   • How to Apply: After 10 years of continuous occupation, you can apply to the Land Registry to be registered as the legal owner. The council will be notified and may object, so you need strong evidence of your use and occupation.

2. Purchasing Surplus Land from the Council

   • Councils often sell surplus land that they no longer need. This can include unused plots, green spaces, or abandoned properties.
   • How to Apply: Contact your local council’s property or estates department to inquire if they have land available for sale. You may need to submit a formal expression of interest or tender application.

3. Applying for a Lease or License

   • If you're interested in using council land temporarily, you can apply for a lease or license. This is common for activities like allotments, market stalls, or community gardens.
   • How to Apply: Submit an application to the local council outlining your proposed use of the land. The council will assess the request based on factors like community benefit and environmental impact.

4. Claiming Unregistered Land

   • In some cases, council land may be unregistered. If you can prove continuous use of unregistered land for 12 years, you may be able to claim ownership through adverse possession.
   • You will need to prove that you have used the land openly, exclusively, and without the council's permission.

Steps to Claim Land Through Adverse Possession

1. Check Land Ownership

   • Use the Land Registry to confirm that the land is owned by the council and not privately owned or already registered to another party.

2. Gather Evidence of Occupation

   • Collect evidence to show that you have occupied and maintained the land for at least 10 years. This could include photos, utility bills, witness statements, or maintenance records.

3. Submit an Adverse Possession Application

   • Apply to the Land Registry for adverse possession using Form ADV1. Include supporting evidence of your continuous occupation and use of the land.

4. Respond to Objections

   • If the council objects to your claim, you may need to attend a tribunal or court hearing to prove your case. Legal advice may be necessary to strengthen your position.

How to Purchase Land from the Council

1. Identify Surplus Land

   • Check the local council’s website or contact their property services department to find out if they are selling any surplus land.

2. Submit an Expression of Interest

   • Write a formal letter or application expressing your interest in buying the land. Include details such as your intended use, proposed purchase price, and any plans for development.

3. Negotiate the Purchase

   • If your application is accepted, the council will provide a price and terms. Be prepared to negotiate and consider hiring a solicitor to assist with the purchase agreement.

4. Complete the Sale

   • Once terms are agreed upon, complete the sale process with the assistance of a solicitor to ensure proper registration with the Land Registry.

Important Considerations When Claiming Council Land

1. Legal Fees and Costs

   • Claiming land, especially through adverse possession, can be costly if legal disputes arise. Be prepared to cover legal fees, survey costs, and potential court expenses.

2. Planning Permission

   • If you intend to develop the land, you may need to apply for planning permission. Check with the local council’s planning department before making any changes.

3. Environmental and Community Impact

   • Councils may reject applications if your use of the land negatively impacts the community or environment. Demonstrating a positive community benefit can strengthen your application.

4. Time and Effort

   • The process of claiming council land can be lengthy, especially if there are objections. Be prepared for potential delays and administrative hurdles.

Pros and Cons of Claiming or Purchasing Council Land

Pros:

• Expand Your Property: Gain additional space for personal or commercial use.
• Potential Investment: Increase property value or develop for profit.
• Legal Ownership: Secure ownership rights through adverse possession or purchase.

Cons:

• Lengthy Process: Adverse possession can take years to resolve, especially if contested.
• Legal and Financial Costs: Potentially high legal fees and administrative costs.
• Risk of Objections: The council may contest your claim, leading to delays or refusal.

How Fraser Bond Can Help You Acquire Land from the Council

Fraser Bond offers expert assistance in navigating the complex process of claiming or purchasing council land:

• Legal Guidance: Our experienced solicitors can help you with adverse possession claims, applications, and negotiations.
• Property Valuations: Get accurate valuations and feasibility studies for surplus council land.
• End-to-End Support: From application submissions to legal representation, we provide comprehensive assistance throughout the process.

Frequently Asked Questions

1. Can I claim council land next to my property?
   Yes, if you have used the land continuously for 10 years without permission, you may be able to claim it through adverse possession.

2. How long does the adverse possession process take?
   The process can take several months to years, depending on whether the council contests your application.

3. Can I buy council land for commercial use?
   Yes, councils often sell surplus land for commercial development. Contact your local council to inquire about available plots.