Unused land

GJ_WRX

Thanks again Land Registry Rep, I'll fill out the SIM for and include a print of the plan from last night with the area highlighted.

I think you may be correct in that it is still owned by the developer as its on a small (20 house) site that was built 4 years ago. I would guess that in order to save money with extra fencing pannels they just squared the garden off.

Thanks again for you help

Land_Registry

GJ_WRX wrote: »

Thanks again Land Registry Rep, I'll fill out the SIM for and include a print of the plan from last night with the area highlighted.

I think you may be correct in that it is still owned by the developer as its on a small (20 house) site that was built 4 years ago. I would guess that in order to save money with extra fencing pannels they just squared the garden off.

Thanks again for you help

That makes sense from a developer's perspective - your own title register may refer to the original plot Transfer and give you a clue as to how long the situation has existed and who that developer was.

It will be interesting to see if we are proven correct by the result of the SIM application

Land_Registry

cyclonebri1 wrote: »

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.

No 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, farms 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.
.

12 years is the correct length of time and comes from the Limitation Act 1980
10 years is also relevant if the land being claimed (squatted) is registered. (If Crown land is being claimed then the length of time can be 30 years)

The period of time does not have to be through your daughter's sole use but can be a combination of her use/occupation and previous owners. The key is that it is continuous and the other essential requirements have been met

Our online Practice Guides 4 and 5 provide guidance on the issues to be considered from a land registration perspective - they are written for use by legal professionals but the key points are provided by way of explanation, for example

The 'squatter' can pass on their interest in the land, for example to a purchaser or under a will or intestacy. The purchaser etc needs immediately to follow the original squatter into possession and hold for the remainder of the 12 years

The guides will give you the basic information but I would strongly recommend seeking legal advice as well whether to simply understand whether she is likely to have a valid claim and/or to assist with drawing up the necessary evidence to support any application for registration

thebaldwindowfitter

cyclonebri1 wrote: »

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

i am going through fencing some scrub land at the side of my house which the builders have said i can fence off and i have had to apply for planning permission first for converting land to garden and then to fence off the land .I tried fencing it off first and this caused all sorts of complaints to the council who told me to take the fence down and apply for planning permission.The land the op is refering to could be part of an open land agreement with the council done by the builders

cyclonebri1

thebaldwindowfitter wrote: »

i am going through fencing some scrub land at the side of my house which the builders have said i can fence off and i have had to apply for planning permission first for converting land to garden and then to fence off the land .I tried fencing it off first and this caused all sorts of complaints to the council who told me to take the fence down and apply for planning permission.The land the op is refering to could be part of an open land agreement with the council done by the builders

Fair enough chap, it all seems !!! about face anyway,:D:D:T

Land_Registry

thebaldwindowfitter wrote: »

i am going through fencing some scrub land at the side of my house which the builders have said i can fence off and i have had to apply for planning permission first for converting land to garden and then to fence off the land .I tried fencing it off first and this caused all sorts of complaints to the council who told me to take the fence down and apply for planning permission.The land the op is refering to could be part of an open land agreement with the council done by the builders

thebaldwindowfitter - this can also be the case although no one scenario is the same.
A couple of things to add re your own post which may help with the mix for others here
1. Getting the legal owner's consent to fence off the land may negate any claim to adverse possession - see section 3 of PG4; and
2. Noting other threads in forums, planning permission re fencing normally comes into play if over a certain height (a limit of 6ft is often mentioned)

As far as 'open land' that can be the case and often each plot Transfer will give a clue as to their location - in my experience that is at least true in most developments in the last 40 years but may not be so going back further.

The 'open land' is though by definition open to all/majority so easily accessible and any attempts to enclose it will invariably trigger complaints. My reading of the OP is that this land is to the rear of the property and perhaps not as open - in my experience the developer may square off the garden or simply leave land out of the plot sale to make fencing easier and cheaper and/or to avoid any boundary issues with adjoining landowners.

But as mentioned every case is different and doing some initial detective work and seeking legal advice is always recommended before taking any action on the land in question.