Garden not registered?

whatamigonnado

Land_Registry_representative wrote: »

The period of possession has to be continuois so if over 12 years you have 3 owners then ideally each has to provide evidence to support the claim - this can pose difficulties where none were aware that the land was not registered to them as if they had known then on each sale they may have provided evidence to hand on

As the neighbour is trying to sell it then the next step is probably to let them know that it is unregistered and see what happens next. There is always the possibility that they do have evidence to support any claim of ownership but there is always a small possibility that an error was made when their property was registered - sadly it can happen although fortunately it is rare

If the neighbour decides he can't be bothered then there is always the possibility of fencing the land off and following the same route as posted by Richard

Our Practice Guide 5 provides guidance around the process of claiming adverse possession but I would always recommend seeking legal advice naturally

Thank you. I have emailed the owner of the property asking him to confirm that he DOES own the land, and informing him that it is unregistered. I will wait and see what the reply is and take it from there.

Thank you for your helpful reply.

whatamigonnado

Thank you all for your helpful replies. I am waiting to hear back from the Landlord of the other house.

BUT in the meantime, I have been poring over the original deeds and plans which were sent to us when we paid the mortgage off a few years ago. The plans have got the number of the houses the opposite way round to how they ended up, (i.e 3 houses on my side of the street, 2 (mine), 4, and 6 - on the plan, mine is 6 when it is actually 2. It gives measurements of the gardens in yards, and the plans and the measurements on my plan include the section of the garden (of number 42) we are interested in.

After speaking to another neighbour (next door but one to the one I am interested in (his is number 46), virtually to the side of mine) he very kindly produced his deeds and plans for me to have a look at. His plans confirm that number 42 has a smaller garden on the plan than it actually has.

Much more interesting, his plans and mine are like 2 halves of a jigsaw puzzle and when we line them up they fit exactly, showing that my garden actually extends to the area we wished to buy and that the garden of 42 is small, rather than the long garden it is in reality.

Now my mind has gone into overdrive;, could it possibly be that when the Land Registry confirmed that the land was unregistered, but that there was a 90% chance it was owned, it could actually be mine, and would these plans prove it, or are they not worth the paper they are written on (they are on the original paper (hand written) and are attached to a large document (typed) with the title "Continuation Abstract of the Title of Connolly's Estate Limited to a plot of land situate in xxxxxxx in the City of xxxxxxxxx containing 5013 square yards." on the back, the document says copied by J A A Taylor, Solicitor, Bolton.

I am probably getting my hopes up for nothing but can anybody tell me if this sounds promising?

Thank you all in advance.

C.

DRP

A plan is just a plan isn't it? Especially when the source is unknown.

To get the definitive answer you need to download all the relevant (neighbours etc) titles from the Land Registry - it will only cost you a few quid each and then you can be sure of what you are looking at and arguing about.

loubel

Given that the physical boundaries appear to match the registered plan and not the historic plan, it sounds like the land was probably sold off before the house was registered. You may well have some historic deeds showing or referring to this sale. How old is the plan you are looking at? Do you have any deeds from after this date?

bumblybee

Hello
I have a related problem and wondered if someone could help please. I sold a piece of land 8 years ago and have recently found out that I am still the registered owner. Do I have any legal right to the land even though I signed a TR1 when I sold it?

Many thanks in antisipation....

Land_Registry

bumblybee - I would recommend speaking to a solicitor so that you know where you stand legally

From a land registration perspective the new owner should have registered their purchase, technically within 2 months. Until they do you are still the legal owner although what rights that gives you, in light of your actually selling the land, are what you need legal advice on.

I cannot supply legal advice I'm afraid but others may post