My son’s garden backs on to a small plot of unused land belonging to the council. It has not been maintained by them for years. For the past four years, since he bought the property, my son has made use of this plot as an unofficial extension to his garden, mowing it in order to allow his family to use it. The previous owners did the same for several years.
The council is now selling the land by auction and is advertising it for development. The plot is 9,500 sq ft and has no vehicular access and no utilities.
My son would like to buy the plot at the guide price of £5,000 but does not have the resources to get into a bidding war with a developer. Does he have a claim, given that the plot has been maintained?
John Phair
There is legislation enabling a citizen to gain ownership to property by “adverse possession”. Rights must be exercised openly, without consent and without payment. The legislation contains provisions for evidence of adverse possession prior to 1991 or for a shorter period. The rules differ depending upon whether ownership of the land is registered at the Land Registry or cannot be proven.
Your son would have to provide evidence of at least ten years’ possession if the land is registered, or at least 12 years if it is not. As he has only lived at the property for four years, this would be dependent on the evidence passed to him by his predecessor to extend to the qualifying period.
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As the council owns the land and is marketing it for development, the land is probably registered. If your son applied to the Land Registry to gain the land by adverse possession, the Land Registry would notify the council, which would likely object. However the council would then have to take action to evict your son from its land. If it failed to do so, after another two years has passed he could reapply and his chances of success would improve.
Although there is no vehicular access and utilities to the plot, it may be possible for a developer to gain these services by buying land from a neighbour or seeking legal rights known as easements over or through neighbouring land for a further payment.
It seems that unless your son has clear evidence dating back many years, any attempt at this stage to gain ownership by adverse possession is unlikely to succeed. A sum of £5,000 is unlikely to appeal to the council due to the potential development value of the site, subject to overcoming the service issues.
David Parton, partner and residential conveyancing specialist at Shoosmiths
How do I replace a roller door on a kitchen cabinet?
We purchased a kitchen made by the German company Alno in 2009 from John Lewis. The tambour or roller doors (like a metal shutter that pulls down) have failed. But the company went into liquidation and John Lewis has not been able to replace them. We have tried numerous kitchen companies without success. What can we do?
Ian Caldwell, St Albans
You could try German kitchen showrooms, as a number of German manufacturers use the same suppliers and might be able to order replacement doors. You would need to supply them with measurements and photographs. (Editor’s note: Leicht, Häcker, Discover and SieMatic are not able to order replacements.)
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If you have no luck, why not try replacing the tambour doors with frosted glass doors, which will match any colour carcass, so will go with the existing units, and still hide the contents of the cupboards. Any kitchen company should be able to help you with frosted doors, or you could buy solid replacement doors from most kitchen retailers, and trade companies such as Howdens. Magicman (magicman.co.uk) will be able to fit and spray paint the doors to match the colour of the existing unit — supply measurements and photographs first. The minimum price is £230 plus VAT for half a day’s work.
Looeeze Grossman, owner, the Used Kitchen Company, theusedkitchencompany.com
How should we insulate a Victorian house so it breathes?
My daughter has bought an end-of-terrace Victorian villa dating from 1886. We are in the process of restoring the whole house internally with basement tanking, new floors, sash windows, staircases, partitions, kitchen, bathrooms, electrics and underfloor heating with a heat pump.
What should we do about insulation? The walls have been rerendered in cement to the front and rear. About 85 per cent of the party walls adjoin habited homes. It would be uneconomic to remove and replace the existing cement render with lime. We would like to improve the insulation to the front, rear and exposed flank elevations but how is this best achieved while still allowing the walls to breathe?
Graham Brown
The idea of making an old building more comfortable, energy efficient and fit for the purpose of modern living can be a challenge, especially if you are trying to retain period features or the building is listed or within a conservation area.
Practical measurements of period properties show they usually perform much better than assessments suggest. So in most cases, provided they are not damp, external solid walls function adequately and the addition of insulation is not justified. The mass of thick solid walls, when dry and heated, provide great insulation from the cold outside and will stay warm and release heat throughout the day and at night, to keep the interior temperature stable.
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Adding insulation can fundamentally interfere with breathability — it carries very high risks for the building fabric. When fitting solid wall insulation to a building, you need to take account of water vapour to make sure that you don’t create new damp problems. This may involve using “breathable” insulation materials that will allow the vapour to carry on permeating the walls, or it could involve creating a continuous vapour barrier to make sure no vapour penetrates the walls from the inside. If you choose to proceed, you will need a suitably qualified designer and installer to develop a moisture-control strategy that is specific to your building.
The most important home insulation factors to consider include:
1. Sort out damp issues first. Make sure you understand the breathability issues and avoid using methods or materials that would interfere with it.
2. Take a whole-house approach, paying attention to airtightness and ventilation as well as insulation.
3. Roof insulation will be beneficial but be sure to use natural materials and do not block the eaves. I would not recommend a spray insulation to the inside because problems can sometimes be encountered when ventilation paths are blocked or restricted. If insulating above the ceiling (within the ceiling joists), then a mineral wood insulation is a good choice. If insulating the inside of the roof, a rigid insulation will be best.
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4. Suspended timber floors are easy to insulate and very effective. Take care not to damage floorboards while lifting. Very old examples, predating machine-sawn boards, require a skilled carpenter.
5. Replacing a concrete solid floor will improve the building’s breathability as well as its thermal performance, reducing the risk of damp.
6. Solid wall insulation is not usually justified, but opting for insulating lime or clay plaster can have a range of benefits — including improved breathability, airtightness, thermal performance, moisture and temperature buffering.
7. If solid wall insulation is considered, it must be carefully specified by an expert, incorporating only vapour-open material and avoiding cold bridges.
Nick Cryer, founder, Berkeley Place
We are trying to sell our house with a flying freehold
In 2018 we bought a cottage, the end one of three, which we recently tried to sell. The sale fell through because of a problem with the title. The cottage has an extension built on the first floor above a shared access path and a portion of land that we own. The part of the extension that is above the access path is not registered and our buyers pulled out because of this discovery during the search. (We had no problem when we bought the cottage). Our solicitor advised taking out insurance to guard against any future claim or complaint concerning access (although the height of the extension is well above head height). We are happy to sign a truth statement to say that there has never to our knowledge been any problem concerning access (used by the other two cottages).
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Do you think insurance would be enough to stop any future sale falling through in relation to this issue? The property has been empty for nearly a year and we are anxious to avoid it remaining empty throughout the winter.
Jenny and Mel Oyston
When there is an issue with the title to a property, it is best to explain to potential buyers the problem and the solutions that you are offering.
Title to the access is not registered at the Land Registry but you and two neighbours have rights of way over it that are noted on the titles to your respective houses. Your house is made up of three areas of land and it sounds as if you have an unregistered first-floor extension that links two parts of your land above the access.
One option is for you to claim legal ownership of the extension based on long use. If you can show that the extension has been in place for more than 12 years you may be able to claim possessory title. This can be done by setting out when the extension was built and subsequently occupied (without permission or interruption). Use this to support an application to the Land Registry to register your ownership of the airspace occupied by the extension. An application will not affect the rights enjoyed by both you and your neighbours over the access, which should not be interfered with.
If successful, your Land Registry application will give you possessory title to a “flying freehold”. You own the land either side of the access but do not have rights to come onto the access to carry out works to the extension above. Some lenders do not accept flying freeholds as security but others do. Part of your “solution” to your title issues will be to offer a buyer an indemnity insurance policy, as you are selling with part possessory title and a part flying freehold, which does not provide you with documented rights to access it from beneath for repairs (one of the reason buyers shy away from this type of property).
Henry Stuart, partner, Withersworldwide
Readers’ clinic
How can I stop my cutlery getting tarnished in the dishwasher?
Graham Eldridge
To remove stains, place your spoons and forks in a tall drinking glass, handles up. Using Kilrock Dishwasher & Washing Machine Descaler, cover them to the bottom of the handles. Place the knives in a flat glass dish. After the forks and spoons have been soaking for 15 minutes, pour the solution over the knives. Leave them immersed for 15 minutes. Rinse treated cutlery with water, then dry. Repeat every few weeks as needed.
Michael Leach, Wiltshire
Remove from dishwasher as soon as cycle has finished and rub with a tea towel. Or wash by hand in warm (not hot) water.
Elizabeth, West Midlands
Avoid all dishwasher soaps with lemon in them. Anything citric will destroy steel, stainless or not.
Mary Baker, Essex
Future questions
● What is the most hygienic type of toilet brush?
● I found one cockroach in the bathroom. Is this a potential problem and what action should I take?
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