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Subject:
Rights over UK land when ownership is unknown
Category: Family and Home > Home Asked by: annadrew-ga List Price: $50.00 |
Posted:
10 Jun 2004 15:22 PDT
Expires: 10 Jul 2004 15:22 PDT Question ID: 359407 |
My house, which is in England, is immediately adjacent to a plot of land for which ownership is unknown - all searches and enquiries have yielded no result. I want to buy this plot of land, or at least establish a right of way and use. Is this possible, and if so, how? |
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Subject:
Re: Rights over UK land when ownership is unknown
Answered By: palitoy-ga on 11 Jun 2004 02:00 PDT |
Hello Annadrew You have not stated who you have enquired with to discover who owns the land next to your property but hopefully I can help you do this. In the UK The Land Registry (LR) is the body that holds records of land ownership. The LR have a website at http://www.landreg.gov.uk which contains numerous documents and a vast resource of advice. In 2002 the the Land Registration Act was passed to simplify, improve and modernise the current laws. The details of this can be found here: http://www.landreg.gov.uk/legislation/lract2002/default.asp The LR has a number of fact sheets that cover the changes in the act available and the practice guides provide detailed guidance of what you can do to register the land next to your property. These can all be downloaded from the website or ordered on CDROM. http://www.landreg.gov.uk/legislation/lract2002/default.asp?pkey=385 http://www.landreg.gov.uk/legislation/publications_sm.asp?pubtype=35 http://www.landreg.gov.uk/legislation/publications_sm.asp?pubtype=36 In your case, I have looked at the Boundary Questions factsheet and it advises that if you contact the LR they may be able to tell you who has registered the land next door to your property and other relevant details from previous owners of the property. This factsheet is PG006 on this page: http://www.landreg.gov.uk/publications/default.asp?pubtype=16 This factsheet also briefly discusses the law of Adverse Possession which entitles you to put a claim to the land. The factsheet states that this is a complex area of the law where you should contact your solicitor or legal advisor. If you apply to the LR and they believe you have an arguable claim over the land they will serve notice on the existing land owners for you. This could of course lead to a dispute and possible costly court proceedings (should it go that far). The factsheet also discusses "Alternative Dispute Resolution" methods which basically mean that the LR will put you in contact with the land owners so that an amicable changeover of the land can be discussed. This would be especially useful for you should you wish to only establish a right of way (rather than outright ownership). The contact details for the Land Registry given at the end of this document are: Land Registry 32 Lincoln's Inn Fields LONDON WC2A 3PH Useful Factsheets: LRFS015 http://www.landreg.gov.uk/legislation/publications_sm.asp?pubtype=36 Discusses the various search methods that can be employed on the land. LRFS002 http://www.landreg.gov.uk/legislation/publications_sm.asp?pubtype=36 LRPG004 http://www.landreg.gov.uk/legislation/publications_sm.asp?pubtype=35 LRPG005 http://www.landreg.gov.uk/legislation/publications_sm.asp?pubtype=35 Discusses Adverse Possession and particularly interesting to you will be third one relating to Adverse Possession of unregistered land. I hope this summary of the Land Registry is helpful. My advice would be to contact the LR for their action pack. Contact the LR and ask them for the details regarding ownership of the land next to your property and to ask for adviec regarding possession should this land be vacant. Finally, this area of the law is extremely complicated and complex so you should contact your solicitor or your local Citizens Advice Bureau for full legal advice on this matter. Should you require any further information please ask for clarification and I will do all I can to help. |
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Subject:
Re: Rights over UK land when ownership is unknown
From: probonopublico-ga on 10 Jun 2004 22:26 PDT |
Easy! Just fence it off and if, after 10 years, no one complains ... It's Yours! Congratulations. |
Subject:
Re: Rights over UK land when ownership is unknown
From: probonopublico-ga on 10 Jun 2004 23:21 PDT |
CORRECTION: It's 12 years and it's known as: 'Adverse Possession' The acquisition of title to property through possession without the owner's consent for a certain period of time. 'Adverse Possessory Title' If a piece of land is occupied without permission for at least 12 years, the occupier can become the legal owner. Here's an Essay that refers: http://free-law-books.troy.rollo.name/possession.pdf It's your lucky day! |
Subject:
Re: Rights over UK land when ownership is unknown
From: probonopublico-ga on 11 Jun 2004 23:10 PDT |
You also asked about establishing a 'Right of Way'. If folk already have a Right of Way, they may well object to your fencing off some or all of the plot. So, 'Rights of Way' are often a matter of fact. They can be reinforced by signs that proclaim 'This is a Right of Way'. However, that may be counter-productive if you want the plot for yourself. I know several folk (including my next-door neighbour) who have just fenced off a lump of adjoining land and Hey Presto! A critical component is that you should 'maintain' the plot that you have fenced off ... by repairing the fence, maybe cutting the grass, sprinkling weed killer around, tidying up rubbish, etc. In other words, looking after it as if it were yours. The trick is to treat it as if it IS yours and, in practice, most people will naturally assume that it is. I wouldn't use a lawyer if I were you, I would just do it. This is an old Common Law right. The fencing does not have to be expensive. Just a few posts with two or three strands of wire should do the trick. It will be LOTS cheaper than going to a lawyer who may inadvertently alert people to what you intend doing. And THAT could be expensive and self-defeating. Best of Luck! |
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