Potentially complicated, but unlikely to land you in jail.
1. Find out from your solicitor if the land in question is registered. If it is, then you have very limited rights if any (especially now that you have contacted the owners anyway) to obtain squatters rights (technically called 'adverse possession').
2. If the land is not registered, then if you are able to occupy land 'so as to exclude all others' then after 12 years you may be able to obtain advser possession (known as possessory title) and after 20 years obtain the full freehold.
3. Occupying land 'so as to exclude all others' usually means fencing land off and have the key to gate padlkock in your possession and also using the land for your own purpose (be it parking, growing vegetables etc etc).
In this case, there is the problem of demolishing the wall which may be criminal damage (unlikely although others will advise) and changing the lock of the existing gate. If the true owner comes along a few months or even 11 years after you have incorporated the site into your garden, they are entitled to have their land back at your cost. To me, it seems like a lot of effort for a small reward and it may be easier to take their licence for a few pounds each year.
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Interesting, thanks. I would assume that, as the wall is going to be my responsibility to maintain, I could not be pursued for criminal damage as it is in effect mine. Is that not the case?
Intrigued by your last comment about taking their licence for a few pounds a year. What does this mean? I had assumed this meant that they were offering to rent the plot to me, probably for a greater sum than a few pounds a year, which would mean they could have it back and build on it at any time they needed. Is that not what licencing the land means? Are you saying that by licencing the plot I can prevent them using it in the future for whatever time period a licence is sold? If so, what difference is it to them to do that than to sell it to me?
As I say I really don't have any use in mind for the plot as it's very small (about 3 x 4 metres), I just want to try to prevent the electricity company ever putting any electrical equipment on the site again as I would be concerned for my family's health.
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The licence will only give you rights to use the land until such time as they want it back.
It will not give you any powers to prevent them installing a new sub station if one is deemed necessary.
The only way to do this is through adverse possession, but as Espada says it takes a long time.
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Thanks davey. Not much point in getting a licence then as I really don't "want" the land myself, just want to stop them using it.
Putting this question up on here has focused my mind on the subject a little and I've called them again and spoken to them. They have said that the site is a reserve site and has never been used before, so no problems from potential contamination. It would also only be brought in to use in the event of a major housing development in the area. That's not very likely as the area is pretty much saturated with housing already. Although it is very close to a county boundary, which effectively terminates the limits of my town's urban area as the neighbouring county council is very rural and they are very much against development. I really can't see a major development being proposed nor approved on a great swathe of South Oxfordshire, it would necessitate a change to county boundaries I would expect and a serious slice of political will.
So I'm a bit mystified why they won't sell, given that they've also said they do occasionally sell such sites in the area.
Sounds like the adverse possession route is a bit of a non-starter too. Hmm.
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