Adverse possession/possessory title - help with form ST1 ?

fluffybunny_2

i wonder if anyone can help me...

My parents own their home outright. they have lived in their house since the sixties. At the top of their garden (and their neighbours) is a strip of land. It was wasteland full of brambles and rubbish and one by one, all of the neighbours basically claimed it as their own and fenced it off. My father thought it belonged to the council but they said it wasn't theirs. It basically extended each persons garden by approx 25 feet. ie, it wasnt big enough to build a house on. No-one has ever come forward claiming the land as their own.

All of the neighbours and my parents have all maintained each of their extra pieces of land and some, if not all, have applied (and been granted) possessory title. All that is , apart from my parents. they never got around to it until now.

ok....I am helping to do the forms and as far as I can see , from the Land Registry website, they need to fill in forms TR1 and ST1. TR1 to apply for the possessory title and ST1 is the statement of truth. The bit I'm stuck on is question 12 and 13 on the Statement of Truth. As it goes into Schedule 6 of the Land Registration 2002. I've completed section 12 but I dont think section 13 applies?

Under the circumstances, my parents qualify under paragraph 1 of Schedule 6 :-
Right to apply for registration1(1)A person may apply to the registrar to be registered as the proprietor of a registered estate in land if he has been in adverse possession of the estate for the period of ten years ending on the date of the application.

Its only these last two questions and I think i've done it. My parents neighbour paid hundreds to get it sorted but if I can manage it it will only cost them £50. Any help would be greatly appreciated

I will attach screenshots of the two sections if I can...

fluffybunny_2

fluffybunny_2

can anyone help with the form ST1 ?

Richard_Webster

Have you checked whether the title to the land is registered already or not?

fluffybunny_2

Richard_Webster wrote: »

Have you checked whether the title to the land is registered already or not?

We have checked and its unregistered land

Richard_Webster

You need to read Land Registry Practice Guide 5 and apply on Form FR1 submitting a ST1 in support. Ignore Panel 13. It relates to cases where the title is registered and the adverse possessor is reapplying after 2 yaers during which the "real" owner can take action to dispossess the adverse possessor. This can't apply in unregistered cases because you do not know who the "real" owner is.

fluffybunny_2

Richard_Webster wrote: »

You need to read Land Registry Practice Guide 5 and apply on Form FR1 submitting a ST1 in support. Ignore Panel 13. It relates to cases where the title is registered and the adverse possessor is reapplying after 2 yaers during which the "real" owner can take action to dispossess the adverse possessor. This can't apply in unregistered cases because you do not know who the "real" owner is.

Brilliant, Thank you Richard.

Yes, I guessed as much but just wanted to make sure re Panel 13 .

You've been very helpful

mallard_761

help with form ST1

This a great help but can you help me with the last part of item 12
"I am relying on paragraph 1(2) of Schedule 6 to the Land
Registration Act 2002 and the facts supporting such
reliance are as follows:" not sure what to put in here.
We are applying for averse possession of registered land

LittleJo

Hi,
I am in the same postion as Fluffybunny and have got stuck on item 12 and 13.
Please, can anybody help!
Jo

gner_ex

LittleJo wrote: »

Hi,
I am in the same postion as Fluffybunny and have got stuck on item 12 and 13.
Please, can anybody help!
Jo

Believe questions 12 and 13 only apply to adverse possession of Registered land and NOT unregistered land (which is what you appear to be dealing with).

Perhaps someone else could confirm?

Jeffrey_Shaw

Really, form ST1 need not apply to unregistered land; and nor need application form ADV1.
A better approach is by using a free-text Statutory Declaration and application form FR1.