Land Ownership.

[toptec]

I have a strip of land, about 30 feet wide bordering the base of my garden. This includes a small brook and some very mature 100 foot ash trees. I have been trying to ascertain ownership to arrange pruning of these trees. They are not subject to a TPO.

Local council says not them. Local factory which borders the other side say not them. Land Registry says the land is unregistered.

If I lop the trees, clean out the brook and maintain the strip adjoining my boundary, does anybody have any idea how long does it take to revert into my ownership? I know at some point I would need to get it formally registered.

Council have virtually suggested I do this as the strip is unable to beaccessed by anyone except those with boundaries along it.

Whatdya reckon Guys?

 

[gremlin16]

Why not submit a planning application, bet the council will son find out who owns the land.

 

[JohnD]

1) do what you want and see if anyone tries to stop you

2) IIRC you have to register in some way if you become a squatter intending to acquire ownership of land (it used to be after using it for N years you acquired title but I remember that was changed - in England and Wales)

 

[gremlin16]

Where land is registered, the adverse possessor may apply to be registered as owner after 10 years of adverse possession and the Land Registry must give notice to the true owner of this application. This gives the land owner a statutory period of time [65 business days] to object to the adverse possession, after which the true owner usually will have a further two years in which to evict the adverse possessor. This effectively prevents the removal of a land owner's right to property without their knowledge.

 

[JohnD]

Are you sure you didn't take possession of it 9 years ago?

 

[TonyWarrington]

I seem to recall that you would need to maintain the land (with proof of some sort!) for a period of 12 years before being granted ownership.

I was not aware that this has been changed though

I have come across these strips of land in the past with the term "ransom strip" applied. If I understand correctly they are very small strips of land (not big enough to build anything on) held back by the original owners with the intention of either preventing anyone extending their existing land or more likely only available to someone who is prepared to pay an exorbitant price.

 

[joe-90]

Isn't this something to do with the laws of 'Adverse Possession'?

Just adopt it and put a fence up.

 

[toptec]

Thank you for the suggestions -

Just had a chat with my District Councillor. The Council don't own it so will return any planning permissions. Nice idea Gremlin.

Only been living here a year so can't claim it for the previous 9. Had thought of that JohnD but the Grouch that used to live here would not support me

I pretty sure it is not a "Ransom strip". Land registry were very helpful and explained that are many of these small parcels of land in the country, as they are unregistered it only takes someone to adopt them. They didn't know the time span though.

Nice piece of land but the trees are a pain, will cost a bit to have them chopped back. I think adverse possession relates to land in ownership, as does squatters rights etc.

Looks like I will have to sharpen the chainsaw blades. Dooh!!

 

[blondini]

12 years.

It will take 12 years from when you first 'occupy' the land to being granted ownership. There are certain things you need to do and I suggest you look up 'adverse possesion.' Bear in mind that the rules are slightly different for unregistered land as there are recent changes to the law regarding adverse possesion of registered land .

 

[toptec]

Thanks Blondini. Yes, You are right. Now done the research I needed thanks to pointers on here. The Law changed in 2003, but 12 years it is.

Thanks to all for pointers.

 

[libby lou lou]

Thanks Blondini. Yes, You are right. Now done the research I needed thanks to pointers on here. The Law changed in 2003, but 12 years it is.

Thanks to all for pointers.

I maybe wrong, but i was told, officially, about 10 yrs ago, that you had to make it public, your intentions,locally, newspaper,so that anyone who may feel like objecting, can do. plus gives the chance for the real owner to come forward and say it belongs to him.

I have witnessed ths.

 

[toptec]

Libby. As I understand it, having read all the mumbo-jumbo surrounding the relevent acts, all I need do is to occupy or control it for the 12 years. No owner can claim the land after the 12 years on the basis that under English law relating to land you either use it or lose it.

Quote from the Act.........

For both unregistered and registered land, the statutory time period is, in effect, 12 years. For the occupier, he must show the requisite time of possession, but there are a number of factors that may assist him.

In terms of notification the Act mentions the following..........

To establish adverse possession, the squatter must show that

-he did, as a matter of fact, dispossess the previous owner, and
-he had the requisite animus possidendi, (Intention to possess) and
-his occupation was adverse to the previous owner, and
-he has been in possession for the required time period, and
-(since 2003 for registered land) he has notified the Registrar of his possession

The "Squatter" can then apply to the Registrar to register his interest after 10 years and....

If the land at issue is registered, the new provisions apply. After at least ten years in occupation, the squatter may apply to the registrar to be registered as proprietor. The registrar notifies the current registered proprietor, and certain other parties with an interest in the land (mortgage lenders, for example). These people then have two years to object to the registration. If any do object, then the Registrar appoints an adjudicator to settle the matter.

Thats as clear as mud innit!

 

[libby lou lou]

Hope your right, for you.

That last paragraph seems the problem. I have land at the side of me that i fenced off 1o yrs ago, i just use it, 20ftx 20ft pond, planted it up, looks ok. the neighbours love it, to frightened to claim it yet, it's only about 60 metres by 25m, might be wiser to keep me trap shut.

I used to use it for my kids quads.

 

[toptec]

Libby - Check this out -

http://www.kevinboone.com/lawglos_AdversePossession.html

It is pretty clear what you can and can't do. I called the Land registry this afternoon and they checked for me whilst on the phone and told me mine was unregistered. There still may be an owner of course but it seems clear it has been abandoned since the 1960's.

If perchance the land is registered they will ask you to fill a form out and you sent this to them with £6 and they will send you a copy of the land register for that piece of land.

Or you can do what many do and what I will probably do is not tell anyone and just adopt the strip.

 

[libby lou lou]

I will read the link later, thanks. I had my cheque returned by the land registery for £4 as it was.nt registered.

I was advised to put a burned out waggon on the site, by the woman i spoke to, that wasn't practical.


I am going back 10 yrs.