A HOMEOWNER is locked in a battle with Network Rail over ownership of a ‘beautiful’ garden.

Former professional gardener Tony Savory, of Suffolk Park Road, Walthamstow, has spent thousands of pounds landscaping the space at the back and side of his property.

Since buying the house ten years ago, has planted exotic palm trees, Japanese acers and ivy, creating a tranquil haven.

But Mr Savory, who lives with his partner Mark, was shocked to receive a letter from Network Rail informing him the land had been used unlawfully and the company intends to seize it.

Although the 51-year-old concedes the garden was not included in the original title deeds, he believes he is entitled to “adverse possession” of the land under the Land Protection Act 2002 as he has used the land for 10 years.

Sometimes referred to as “squatter's rights”, the rule of adverse possession aims to give landowners more security.

Mr Savory, who works for Islington Council, said: “I have used the garden for 10 years and Network Rail have not contacted me about it once or had access to it and the family who had the land before me used it as a garden for 33 years.

“I was absolutely gutted when I found the letter, the garden is the reason I bought the house.

“It is south-facing, peaceful, we have wildlife here and in the summer it is not overlooked by anything. It is beautful.”

Network Rail intends to put the land and five garages adjoining it up for auction.

The company, which owns and operates Britain's railway infrastructure, owns a lease on the land, but according to documents seen by the Guardian, does not appear to have registered ownership with the Land Registry.

According to Mr Savory, an injunction was granted in 1990 preventing Network Rail from seizing the land.

A Network Rail spokesman said: "“Network Rail recently wrote to Mr Savory informing him that we believe he is unlawfully occupying Network Rail land adjacent to his property.

"We accept that he is challenging us and have asked that he provide proof that he has been in possession of the land for the specified period.

Despite several requests, we have received no such evidence to date.” Click here to follow the Waltham Forest Guardian on Twitter