Claiming unregistered land

[Pistonbroke]

So if you know who the landlord is and have sent him a cheque each year for 15 years and he doesnt cash the cheque and refuses to acknowledge receipt of the cheque proffered can you look at claiming the land, which you have occupied since for over 70 years, by adverese possession ?

No idea,I be a sh!t shoveller not a pen pusher reading them fancy books 'n all

 

[Ffermer Bach]

I've just asked my boss and there may be nothing he can do about the planning permission other than complain that due procedure has not occurred.
There is nothing the developer can do to strong arm your mate into selling him the land. If that scuppers the development then all the better for him.

could he complain to the ombudsman?

 

[George from SJM Planning]

could he complain to the ombudsman?

Yes, I would first write to the Head of Planning and copy in the local ward councillor to highlight that the incorrect process was followed.

 

[ISCO]

So if you know who the landlord is and have sent him a cheque each year for 15 years and he doesnt cash the cheque and refuses to acknowledge receipt of the cheque proffered can you look at claiming the land, which you have occupied since for over 70 years, by adverese possession ?

If you had a tenancy or acknowledged the title of someone else then I think you may have difficulty claiming the title.

 

[Courier]

If you had a tenancy or acknowledged the title of someone else then I think you may have difficulty claiming the title.

My thoughts exactly, but the current owner bought it from the probate solicitor of the original owner's son - I put a more than reasonable figure in to buy it as a sitting tenant and asked the probate solicitor if he had made any other bidders aware that there was a tenant on it, and why did he not put the field up for public auction ?- it seems he did not and the guy who bought it did so without legal advice and was unaware that we had rights !!!! The probate solicitor was the last person to accept the rent from my limited company.....Since then rent has been proffered every year but the cheque never cashed - Each year I request his bank account details so I could pay him direct ....

 

[George from SJM Planning]

Yes, I would first write to the Head of Planning and copy in the local ward councillor to highlight that the incorrect process was followed.

Ownership certificate and agricultural land declaration​

What is an ownership certificate?​

A certificate which applicants must complete that provides certain details about the ownership of the application site and confirms that an appropriate notice has been served on any other owners (and agricultural tenants). The forms of notice are in Schedule 2 to the Town and Country Planning (Development Management Procedure (England) (Order) 2015.

An application is not valid, and therefore cannot be determined by the local planning authority, unless the relevant certificate has been completed. It is an offence to complete a false or misleading certificate, either knowingly or recklessly, with a maximum fine of up to £5,000.

 

[betweenthelines]

My thoughts exactly, but the current owner bought it from the probate solicitor of the original owner's son - I put a more than reasonable figure in to buy it as a sitting tenant and asked the probate solicitor if he had made any other bidders aware that there was a tenant on it, and why did he not put the field up for public auction ?- it seems he did not and the guy who bought it did so without legal advice and was unaware that we had rights !!!! The probate solicitor was the last person to accept the rent from my limited company.....Since then rent has been proffered every year but the cheque never cashed - Each year I request his bank account details so I could pay him direct ....

What happened years ago is irrelevant. You have acknowledged you do not own the land by paying rent for it.

That the cheques haven't been cashed is neither here nor there.

 

[ISCO]

My thoughts exactly, but the current owner bought it from the probate solicitor of the original owner's son - I put a more than reasonable figure in to buy it as a sitting tenant and asked the probate solicitor if he had made any other bidders aware that there was a tenant on it, and why did he not put the field up for public auction ?- it seems he did not and the guy who bought it did so without legal advice and was unaware that we had rights !!!! The probate solicitor was the last person to accept the rent from my limited company.....Since then rent has been proffered every year but the cheque never cashed - Each year I request his bank account details so I could pay him direct ....

You most likely can not claim ownership, however If you have been in occupation pre 1996 you will have an AHA tenancy in limited company name which will last forever anyway.

 

[Farmer_Joe]

My thoughts exactly, but the current owner bought it from the probate solicitor of the original owner's son - I put a more than reasonable figure in to buy it as a sitting tenant and asked the probate solicitor if he had made any other bidders aware that there was a tenant on it, and why did he not put the field up for public auction ?- it seems he did not and the guy who bought it did so without legal advice and was unaware that we had rights !!!! The probate solicitor was the last person to accept the rent from my limited company.....Since then rent has been proffered every year but the cheque never cashed - Each year I request his bank account details so I could pay him direct ....

that sounds well like worth perusing to me but i could be mistaken,

well worth 1k of fees to see

 

[haybob]

If you are lucky enough to claim adverse possession, you need to sit on it another (I think) 12 years before you can claim full possession.

 

[Jim bean]

I have claimed adverse possession on land l owned in the Uk. When l came to sell it about 7 years ago l saw that about 1/2 acre adjacent to my neighbour wasn't on my title. As l had always farmed it and there was a hedge and stream between it and the neighbour l could claim it and sold it within a couple of months.
Courier would struggle as he has tried to pay rent and the land is probably registered to the new owner.
Onthehoof has nothing to loose if the land is unregistered.

 

[onthehoof]

Do you mean unregistered as land registry online system or unregistered No paper deeds ?

Not registered on Land Registry, when all surrounding land was sold in 1982 this bit was excluded, it appears it has no owner, it is basically a track of varying width, when a tree fell across it a few years back and blocked the footpath the Council said that it was ours but we have never purchased it

 

[Still Farming]

Not registered on Land Registry, when all surrounding land was sold in 1982 this bit was excluded, it appears it has no owner, it is basically a track of varying width, when a tree fell across it a few years back and blocked the footpath the Council said that it was ours but we have never purchased it

Paper deeds somewhere then possibly?

 

[Exfarmer]

Paper deeds had issues, land registry has huge problems, large areas are not included especially tracks , rivers etc.