Anyone done this, we have a strip of land that gives access to a field, its about 50m long and 10m wide, it is a wide track with a footpath along it and is currently unregistered, just thought it might be better to claim it before anyone else does although we would have a right of way through passage of time
Claiming unregistered land
- Thread starter onthehoof
- Start date
- Location
- Shropshire
12 years I think
correct
There's a newish Range Rover parked up at a house near me. Hasn't been used for 12 months due to lockdown. Can I claim ownership ?
Pistonbroke
Member
If you can prove you have been using it for the twelve years without paying rent for it,I think. Huge fallout near me over a similar track and yard being used as a lamb collection centre. Farm let the dealer use it because of foot and mouth and it carried on rent free as a favour and then he announced he was claiming it
Princess Pooper
Member
- Location
- East Mids
I put a link up to a very famous adverse possession case but then realised it had a paywall so here is it summarised on Wiki
en.wikipedia.org
as you will read, it could now be a bit more difficult.
J A Pye (Oxford) Ltd v Graham - Wikipedia
as you will read, it could now be a bit more difficult.
I think you need a solicitor to register you as the new owner and then 10 years needs to lapse without anybody kicking up a fuss before you can call it yours.
Its different ball game to the dirty b##tards that try to claim fields by not paying rent etc and then trying to claim it as sitting tenants.
Its different ball game to the dirty b##tards that try to claim fields by not paying rent etc and then trying to claim it as sitting tenants.
- Location
- Breconshire
My grt grandfather lost a house which he let a family live in free of charge for too long. They claimed it and won the case but that's many years ago.
- Location
- Carmarthenshire, West Wales
As a bare minimum, I would write a statutory declaration before a commissionaire for oaths, saying you have been using the land as access to the field for agricultural as well as social, domestic and pleasure purposes (very important that you don't just have agricultural), maybe get others who have used the access to write the declarations too. I believe you can lodge the declarations at the land registry.
betweenthelines
Member
- Location
- southwest
Had a similar thing when I bought a property a few years ago. Part of it was not on the Land Registry records, so we had to take out a (very cheap) insurance policy in case someone else claimed it.
HolzKopf
Member
- Location
- Kent&Snuffit
Just because a parcel of land is not registered, it does not mean that no one owns it. Some one will. As others have said, you need specialist advice here. When you say 'we have' what does that mean? Is that land shown on any of your maps, your deeds or any other documents relating to your farm or any neighbours' land
HK
HK
Kentishfarmer
Member
As said the footpath is the issue, if the track was only used by yourselves you'd have a fighting chance but pretty sure you won't get anywhere with there being a footpath across it. Unless it's one that is never used?
Sounds like you should have right of access so there isn't much to gain from trying to claim it anyway.
Plus if you can prove you've been regularly using it for access no one else could claim it anyway
Sounds like you should have right of access so there isn't much to gain from trying to claim it anyway.
Plus if you can prove you've been regularly using it for access no one else could claim it anyway
- Location
- somerset
we have a total f#######g prat, lives adjoining our land, his access is 100% owned by us, it's a track to a field, we don't use it much.
15 yrs ago, he tried to incorporate it into his garden, by building walls, flower beds etc, one massive great bust up, solicitors etc, and he was 'astonished' when told he had to remove everything, which he did, only after l said l would dump it in his 'entrance'.
Stage 2, was to make sure the track was blocked, so we had to ask, for vehicle to be moved, as he has several 'function' a year, l said the next time it was blocked, on his next 'function', l would place a heavy implement, stopping all the cars from getting out, he didn't think to much of that, but, l was fair, and said if he rung before, and asked, no problem, hasn't been blocked since, 9yrs? and he has never asked. But every 2 yrs, he will try and make it look as if it is his, followed by me, saying remove.
What really pees me off, is, he is so arrogant, and thinks it is his right to have the track, in his garden, and simply cannot understand, why not. That is quite easy to tell him, without that track, he would have no egress from the very narrow lane, with it, probably put £25/30,000 on the value of his property, or more, as there is zero road parking there, it's a single track, non passable, by lorries, lane. That fully explains both sides of argument, l think.
15 yrs ago, he tried to incorporate it into his garden, by building walls, flower beds etc, one massive great bust up, solicitors etc, and he was 'astonished' when told he had to remove everything, which he did, only after l said l would dump it in his 'entrance'.
Stage 2, was to make sure the track was blocked, so we had to ask, for vehicle to be moved, as he has several 'function' a year, l said the next time it was blocked, on his next 'function', l would place a heavy implement, stopping all the cars from getting out, he didn't think to much of that, but, l was fair, and said if he rung before, and asked, no problem, hasn't been blocked since, 9yrs? and he has never asked. But every 2 yrs, he will try and make it look as if it is his, followed by me, saying remove.
What really pees me off, is, he is so arrogant, and thinks it is his right to have the track, in his garden, and simply cannot understand, why not. That is quite easy to tell him, without that track, he would have no egress from the very narrow lane, with it, probably put £25/30,000 on the value of his property, or more, as there is zero road parking there, it's a single track, non passable, by lorries, lane. That fully explains both sides of argument, l think.
ISCO
Member
- Location
- North East
You need to have occupied the land for 12 years without permission or acknowledgement of any other owner.
It usually helps if the land is fully enclosed but not essential.
I do.not think.the footpath is an issue as people using it are not in possession.of it and you are not acknowledging that they have title by letting them use it.. if you are successful the land would still be subject to the footpath.
You need to submit a statement of truth to Land registry. Download a form ST1 and have a look at the information required.
Have a go, the initial application will not cost a lot. Land registry will inform neighbours and you will then see if there are any objections.
If there are objections you then can decide if you want to proceed as it can get expensive after this.
It usually helps if the land is fully enclosed but not essential.
I do.not think.the footpath is an issue as people using it are not in possession.of it and you are not acknowledging that they have title by letting them use it.. if you are successful the land would still be subject to the footpath.
You need to submit a statement of truth to Land registry. Download a form ST1 and have a look at the information required.
Have a go, the initial application will not cost a lot. Land registry will inform neighbours and you will then see if there are any objections.
If there are objections you then can decide if you want to proceed as it can get expensive after this.
Exfarmer
Member
- Location
- Bury St Edmunds
There are several reasons why it may be unregistered, firstly the current ownership has not changed hands in the last 40 years and they do not feel any need to register.
Secondly it may be that piece of land is unowned, because some solicitor in the past has failed to include it in the plans., I have seen whole fields missing in farms at times.
The most likely owners are the landowner each side, for certain you will get unbearable grief from the owner if you try and sieze it.
Obviously you are concerned because of your access, the gentlemanly thing to do , is to approach those owners first and see if they do indeed believe they own it.
Lastly the other possible owner would be a previous owner of the land, who may have retained ownership to give a ransom strip if futures owners try and develop the land
Secondly it may be that piece of land is unowned, because some solicitor in the past has failed to include it in the plans., I have seen whole fields missing in farms at times.
The most likely owners are the landowner each side, for certain you will get unbearable grief from the owner if you try and sieze it.
Obviously you are concerned because of your access, the gentlemanly thing to do , is to approach those owners first and see if they do indeed believe they own it.
Lastly the other possible owner would be a previous owner of the land, who may have retained ownership to give a ransom strip if futures owners try and develop the land
- Location
- Lincolnshire
Owner would probably be quite happy, maybe hoping it will get stolen, take a trailer though, they are not good under their own power.There's a newish Range Rover parked up at a house near me. Hasn't been used for 12 months due to lockdown. Can I claim ownership ?
- Location
- Lincolnshire
Most farmland isnt registered, some has been in the same hands since enclosure (1750's) but everyone close knows who owns it. It is relativity recently that the land registry has a record of it, and only because its changed hands or the owner paid for it to be registered.