Unused land

GJ_WRX

Hi All

At the back of my property there is a small piece of waste land (4m x 8m ish) which is boxed in between overgrown trees by a footpath, a school fence and my garden fence. I've got no idea who owns but would quite like to buy it to extend my garden.

Does anyone know the easiest way to find out who owns small patches of land like this? I sent an email to my local council who really didn't seem bothered unless I was going to build on it.

Thanks

GJ

thebaldwindowfitter

contact land registry http://www.landregistry.gov.uk/ then youll more than likely need planning permission

cyclonebri1

thebaldwindowfitter wrote: »

contact land registry http://www.landregistry.gov.uk/ then youll more than likely need planning permission

After they have procured ownership;), the building bit is a red herring, the op wants it for garden.

Land_Registry

Our online FAQ should take you to the hub of the matter re checking whether the land is registered and if so in whose name(s)

Important things to note are:-
1. You can search online using the aerial land locator (provides imagery from above or road maps) which cna be used to zero in on the land.

2. Where such a small area of land is concerned it is important to be accurate with your selection - clicking too far away from the land may well reveal the registered information for the adjoining property for example

3. If the online service states 'no information available' this does not mean that the land is unregistered and/or that we do not have any information e.g. the land may form part of a much larger title which cannot be easily viewed online - to be 100% certain in such cases you would need to complete a postal application as explained in the FAQ

GJ_WRX

Brilliant, thanks all.

keystone

There is an enormous amount of unregistered land in the UK. You may not be able to find an owner. The presence of the footpath is perhaps concerning as it implies a right of way and the last thing you want is Joe Public tramping through your marigolds.

Land Registry Rep neglected to tell you that if you want access to these services they will charge you for the privelege.

If you can get away with fencing it off and then using it (and you do have to use it) and nobody objects after 12 years you can claim it as yours by adverse possession.

Cheers

milliemonster

Land_Registry_representative wrote: »

Our online FAQ should take you to the hub of the matter re checking whether the land is registered and if so in whose name(s)

Important things to note are:-
1. You can search online using the aerial land locator (provides imagery from above or road maps) which cna be used to zero in on the land.

2. Where such a small area of land is concerned it is important to be accurate with your selection - clicking too far away from the land may well reveal the registered information for the adjoining property for example

3. If the online service states 'no information available' this does not mean that the land is unregistered and/or that we do not have any information e.g. the land may form part of a much larger title which cannot be easily viewed online - to be 100% certain in such cases you would need to complete a postal application as explained in the FAQ

Just tried this myself as we are in a similar position but all it does is bring up a list of nearby properties, when you use the aerial map, clicking on the portion of land only adjusts the zoom feature

GJ_WRX

Just been on the land registry and £6 later I've found out that the land isn't mine and that it doesnt show up on a general map of the area call 'land'.

Too me it looks too small an area to show up on any maps, in fact when you look on google earth all you can see is trees.

No worries about the foot path as its path, grass, trees then this patch of land so not even visible from the path.

Was tempted to fence it in but woud rather buy/claim it up from whoever owns it.

The search continues...

Land_Registry

GJ_WRX wrote: »

Just been on the land registry and £6 later I've found out that the land isn't mine and that it doesnt show up on a general map of the area call 'land'.

Too me it looks too small an area to show up on any maps, in fact when you look on google earth all you can see is trees.

No worries about the foot path as its path, grass, trees then this patch of land so not even visible from the path.

Was tempted to fence it in but woud rather buy/claim it up from whoever owns it.

The search continues...

Such small areas can be tricky to identify, especially using the aerial imagery and trees obscure the view.

If you have paid £6 then I am assuming you have viewed/downloaded a copy of your own title register and plan - hence you know the land is not yours?

That at least confirms that the land is not part of your own registered title and the information obtained can still be put to good use.

I would suggest using the postal application mentioned previously and use a copy of the title plan to clearly identify the land in question i.e. define it with a clear line and not say a circle around the rough location. By relating it to your own property it should be clear from a mapping perspective which piece of land you are searching against.

The application would be made using a form SIM and a fee of £4 is payable - apologies to keystone for not highlighting the online fees previously.

If the search result, normally takes just a day to complete (plus the post), reveals that the land is registered then it will provide the title number(s). This can then be searched using the online service.

If the land is unregistered then there is no central record of ownership. Tracing the legal owner may not be easy but I would add the following to keystone's thoughts re adverse possession

'Claiming' the land is always an option and our online Practice Guides 4 and 5 are relevant here. I have read numerous threads on forums where posters have also suggested that by 'doing something with the land' it can also be a way of getting the owner to reveal themselves - that seems reasonable although understanding the law, legal requirements and what might happen as a result of any actions is recommended.

keystone also mentions that there is also an enormous amount of unregistered land in the UK. Whilst we only deal with England & Wales (NI and Scotland have their own registration systems) there is indeed land still unregistered although much of it is rural or land owned by the Crown, Church, MOD and other large landowners who have owned the land for a very long time

Whilst a SIM search is the only official way of guaranteeing whether this piece of land is unregistered it's location may offer some clues as well as to whether it might be registered and if so in whose ownership.

For example if your property and those of your neighbours form part of a larger development then it is quite possible that the land is registered and remains in the ownership of the original developer. Whilst developers will often seek to include all the land in all of the plot sales this may not always happen. Small pockets of land can remain in their ownership as a result.

This is of course all conjecture on my part and if you wish to pursue trying to identify whether the land is registered or not then the SIM route should be the next step.

Land_Registry

milliemonster wrote: »

Just tried this myself as we are in a similar position but all it does is bring up a list of nearby properties, when you use the aerial map, clicking on the portion of land only adjusts the zoom feature

milliemonster - the system works base don the information used so the wider the search parameter the greater the possibility of a list of properties being produced.

If you search against a post code then all the properties attached to that post code will be listed; if you use a single postal address but there are a number of flats for example attached to that address then it would reveal a list of those properties.

You can zoom in and out using the aerial map but there is a double-click function which fixes the search. Our hints and tips pages will help if not already viewed.

As mentioned in previous posts if you are unable to accurately identify the land and/or remain unsure whether you have selected the right information from the provided list of properties then it is best to use the postal application in form SIM. Such a search should only take a few days (inc post) and whilst not as quick as an online service it at least provides some additional certainty.

NOTE - you are only charged a fee for the online service once you have selected the available information and have registered to use the service.

I would be interested to hear how your search plays out.

cyclonebri1

keystone wrote: »

There is an enormous amount of unregistered land in the UK. You may not be able to find an owner. The presence of the footpath is perhaps concerning as it implies a right of way and the last thing you want is Joe Public tramping through your marigolds.

Land Registry Rep neglected to tell you that if you want access to these services they will charge you for the privelege.

If you can get away with fencing it off and then using it (and you do have to use it) and nobody objects after 12 years you can claim it as yours by adverse possession.

Cheers

12 years seems a very none round figure?, I've no doubt you are right but I wonder how they came up with that figure.

Now, yet again we have a similar situation to this with a difference and I was wondering if that figure of 12 years has to be sole ownership?

To explain, my daughter lives next door to a farm house, farm's been inactive for years but there is a small triangle of land about 1/2 x 15ft x 15ft that is shown to intrude into her straight line border on the deeds. I think it was where they used to put the milk churns to clear the farm lane from childhood memories.

Any way the previous or even maybe further back, has claimed this triangle, straightened out the boundary in effect, there is a very established hedge no all the way down the lane.

So does that 12 years start from her possession or the earliest we can prove possession? It has been used as kennels, bin storage and at present a wendy house so is being used.
.