Woodland In Dispute

cjohnson355

Hi, We're looking into buying our dream house. It doesn't have much land with it but the current owner has had access and maintained the woodland to the back of the property for the past 20 years. At the moment he is going through solicitors to try and obtain the land and put it on the deeds. Does anyone know if we should buy this property now, would we legally be able to take up where he left off? Are the rights with the person who has lived there or to the property?

Many thanks

Kate

G_M

Much depends on whether the land in question is registered or unregistered.

And whether the current owner knew about and/or granted the property owner this access or whether he was trespassing.

And whether he has treated the woodland as if he owned it.

etc.

Do you have a solicitor or are you doing the conveyancing yourself? Given this additional complexity to the purchase, I advise you not to DIY the conveyancing. Instruct a solicitor.

cjohnson355

Thank you for your advice. We do have a conveyancing team ready and waiting . I wonder if we can find out if the land belongs to anyone? Hmmm food for though!

princeofpounds

Well, if it is registered land the land registry will have a title and plan that you can download for £4 each. That might at least tell you who is supposed to own it.

Google 'adverse possession' and you will see the sort of thing that the current owner is trying to do. It's impossible for us to say if he has a case or not because a lot of depends on questions like those G_M posed to you. Simply having a gate into woodland and tidying up a few branches might well not cut it.

In theory you could buy the house and take over his case I believe, but frankly it would be a significant risk. I wouldn't pay one penny for the 'extra' land until he has title.

DVardysShadow

Depending on the history and the situation, the vendor may or may not have title to the woodland. And if he does manage to get title to it, that title may come in several flavours of varying quality.

If he has no title to it, the best you will get is a declaration on oath as to his use of the land. You may be able to continue to develop from this declaration. If he makes too much noise about getting title, it may be disputed - if you are willing to take a chance, it may be better to let the matter fly under the radar for a few more years before making your own move to get full title.

You really need to discuss with your conveyancing solicitor.