Bought a property with a piece of unattached and unowned land adjoining, between us and a footpath which runs past a house the other side and a house behind us. In 1987 it would seem that the 3 houses [call them no. 1,2 and 3] got together and found that nobody owned this as it was left over after other development around from fields, and the footpath was only a right of way, not a LA or County footpath. No.3 then approached official bodies, and local Parish Council, together with County Highways, agreed that if he concrete the footpath at no public expense, in an agreed position, nos. 1, 2 and 3 could take the extra strips of land into their gardens. The strip is about 4.5m wide, and the length of the gardens, about 15m.
No. 3, concreted the footpath and fenced his piece of land into his garden. He also planted conifers along the edge of no. 2 and puts some plants on no.1. No. 2 cleared his piece, planted a few shrubs and tended it until he became ill and died. New owner of no. 3 then planted veg on no.2's plot, until giving up. New owners of no. 1 fenced in their piece of land. No complaints over the years, no objections from other residents, so they have held their pieces for over 12 years. We have just bought no. 2, and obtained from Parish Council the record up to the date that they offered no. 1,2 and 3 the odd bits of land in exchange for a new footpath. No further records following this, exist.
A resident across the road looked into his rights over the plot [2008], and gained agreement that he could use it as an allotment. He has planted a hedge and potatoes, and put in a loose post and wire fence which already needs replacement. He tells us that he had a huge file and did a lot of research to uncover any rights to use the plot, and got letters giving him permission, and we suspect, clearly stating no rights are conferred. He says he has done a lot of work clearing and manuring, and incurred considerable cost. The area looks very messy, he hasn't cleared all of it and there are a lot of brambles and beer cans around, and ivy breaking down my fence and no. 3's fence abutting. He agrees he has no rights, and would give up the plot for £1000.
I feel that, having been given the 'contractual' right to take the land into the garden of our new house, there is no records of this right having been withdrawn, and there were no conditions to keep the site clear, to plant it, or fence it, that have been broken over the period, that we still have this right. The new occupant states he should be recompensed for all his work, despite it having been done for his material advantage. He approached a local councillor, who sought permission on his behalf, but did the Parish have the right to reallocate it?
We feel he should not be able to sell his right, or the work he has done on the plot and that to persue this is fraudulent and blackmail. Had only been in 5 days before he brought this up, so not happy with new neighbour. This right of way also went past his property, across the road, and then petered out. His neighbour took the land over, and has since built a garage. We feel he felt that he had lost out of something he could have got for nothing - despite already owning his own large house, another bungalow, having 2 gardens and lots and lots of shed - and this is his opportunity to redress the balance.
Comments please as to how to handle this.

Google.."free legal advice"

Posted By: archess200A resident across the road looked into his rights over the plot [2008], and gained agreement that he could use it as an allotment. He has planted a hedge and potatoes, and put in a loose post and wire fence which already needs replacement. He tells us that he had a huge file and did a lot of research to uncover any rights to use the plot, and got letters giving him permission, and we suspect, clearly stating no rights are conferred. He says he has done a lot of work clearing and manuring, and incurred considerable cost. The area looks very messy, he hasn't cleared all of it and there are a lot of brambles and beer cans around, and ivy breaking down my fence and no. 3's fence abutting. He agrees he has no rights, and would give up the plot for £1000.

If you're sure you own the land, send him an invoice for the rental of the allotment!

As joe90 asked, what does the land registry say? That's definitive, I think, as regards the legality.

I'd be tempted to offer him £500 and hope for a quiet life. But be sure to then get the boundary correct at the land registry.

Alternatively, knock his fence down and erect your own stronger fence and wait and see what happens