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Query on land ownership

Pontebantam · 2008-11-03 09:32:12

Good morning all, I'll try to keep the post as concise and factual as possible. Grandfather has received a letter from Bradford Council 'Department of Regeneration': According to council records, the bottom 2.5m strip of land is owned by the council who are prepared to sell this to my grandfather. Currently the land is…

Comments

silvercar Posts: 51,384 Ambassador

3 November 2008 at 1:08PM

Just seen this thread on garden law website, there may be better ones on there.

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?p=7117&

Seems possessionary title is what you are after.

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Debt_Free_Chick Posts: 13,276 Forumite

3 November 2008 at 1:14PM

silvercar wrote: »

I would have thought that, having taken possession of it for more than 12 years with no objection it has become yours. From memory something more than just squaters rights (which may also apply).

I think it might depend on when the Council bought the land. If that's within the last 12 years, then doesn't the clock restart from date of purchase?

not sure myself, but seems to be one for advice - or more information

Warning ..... I'm a peri-menopausal axe-wielding maniac
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hethmar Posts: 10,678 Forumite

3 November 2008 at 1:18PM

Its a very complicated matter - Ive had similar probs - but am talking inches here - after over half a century of accepted boundary neighbour from hell bought next door and wants 4 more inches of our land so he can get his car up the side of his house! even though he has a garage and large driveway, but thats another matter.

Firstly, tell your grandad not to ask how much they want, because as soon as he does that he has accepted he is not the owner.

Go to the solicitor and set out all the facts and see what he thinks. It may be you are stuck - though I cant see what the council could logically use such a small piece of land for, particulary as it sounds like it is stuck between the churches land and yours with no access. It may only be a nominal amount they are after - but seek legal advice first. Personally, I think the stress of a legal battle for your grandad wouldnt be worth it -

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GDB2222 Posts: 27,277 Forumite

3 November 2008 at 2:02PM

Full details of all this are in the Land registry guides:
http://www1.landregistry.gov.uk/assets/library/documents/lrpg005.pdf
http://www1.landregistry.gov.uk/assets/library/documents/lrpg004.pdf

The two guides differ, depending on whether the land is registered or unregistered.

To the OP: Either plough your way through the two guides, or get some paid-for legal advice.

However, FWIW, my view is that Grandfather already had gained adverse possession by the time the new rules were introduced in 2003. Consequently, even if the land is registered, the case would be dealt with under the transitional provisions as if it were unregistered land.

"Transitional provisions cover cases where the proprietor’s title to registered land had already been barred by adverse possession prior to 13 October 2003 and the proprietor was holding on trust under s.75, Land Registration Act 1925.

These cases are also dealt with in Practice Guide [FONT=ABMNI H+ Helvetica Neue,Helvetica Neue][FONT=ABMNI H+ Helvetica Neue,Helvetica Neue]5 Adverse possession of unregistered land and transitional provisions for registered land in the Land Registration Act 2002[/FONT][/FONT]."

As to the value of the land, surely not much for a bit of garden that does not have any right of access? Or does the council claim to own the land the church is built on?

No reliance should be placed on the above! Absolutely none, do you hear?
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milliejo Posts: 318 Forumite

3 November 2008 at 10:24PM

get together all the paperwork you have & go see a solicitor asap - one that offers a free initial interview.if your grandad has occupied the land for 12+years without consent he is able to apply for possessory title to the land.particularly useful is if it is fenced off and forms part of his garden which it seems to.if you can take some photos when you visit the solicitor.as I keep mentioning in my posts check if he has legal expenses insurance with his buildings insurance- if he has ring the insurance company as it may cover this situation

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