In our weekly legal column, the Leader, with the expert advice of the team at GHP Legal, sets out to answer some of your problems. Today's question is answered by partner Robert Williams...

Can we claim adverse possession of wasteland we have been using?

Q: My wife and I have been using a piece of wasteland situated between us and our neighbour for many years. Our old neighbour stated that she was happy for us to park there and to turn our cars around on it as it was difficult to do so otherwise. Sadly, our old neighbour has now died and her house and garden have been sold on. The plot of land between us seems to have been taken over by our new neighbour, but we are continuing to use it as if it is our own, and so far there have been no objections. Can we claim adverse possession of this land on the basis that we have used it for such a long time?

A: The answer to this one is at best "not yet". The reason is that all the time your former neighbour was alive you had her permission to use the land. To possess adversely you need to be using the land and excluding others and doing so without permission.

In the period after your former neighbour died and before it was sold, time will not have been running to support your adverse possession claim.

To stake a claim you would probably need to fence off the land that you are claiming. If the land is unregistered, then you need to show that you have possessed it for 12 years. If the land is registered, you have to show you have possessed it to the exclusion of others for 10 years. From what you have said, time is only very recently started running in your favour and it is not clear whether you have fenced off the land.

The starting point is probably to have a consultation with a local solicitor and supply them with your deeds and obtain any Land Registry entries for neighbouring properties so that the state of ownership can be clarified.

• This question has been answered by Robert Williams, a partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194.