Land ownership

rainbow143

At the bottom of my garden – the other side of my boundary fence – there is a public footpath bound by large trees, one of which was blown down onto my shed during the winter storms.
I have been trying to find out who owns the path – it was bought by a housing developer many years ago as it was part of a field which was developed into a housing estate.
I have the Land Registry document that states the company own the land.
I have spent many an hour trying to locate this company – and have found out that it was dissolved last year.
I have found the documents from the liquidators and this mentions 5 parcels of land – none of which is the right one – but they are all valueless as they are small parts of other developments.
My question is – if a company owns land, and it goes into liquidation, who then owns the land?
Any information would be appreciated.

DirectDebacle

From your previous thread;

I have written to the Council about this but they insist they don’t own the
land – it seems the farmer who once owned all the fields on which the 2 estates
are built did not sell the path. The Council are responsible for maintaining
the path but that is all. No-one seems to know where the farmer is now – my
bungalow is over 40 years old.

Well done so far but deeper research is required and still may not give you the answer you want.

I would start with the council. I would be looking for the original planning applications for your estate and the subsequent for the estate the other side of the path. I'm no expert but would have thought that there would be detailed drawings of the site and would show precisely where boundaries have been drawn. It may be the case that your plot encompasses the trees but during the build the boundary fence was simply moved.

Same could apply to the later estate that was built.

I have seen the site plans of a bungalow built on an estate in the 1960's. This clearly showed mature trees growing on the edge of steep bank to be within the boundary of the plot. However the fencing had been erected to separate the trees from the plot.

I am puzzled as to why the council are so sure that only the actual path is their responsibility and not the verges and trees up to the boundary fences of the flanking properties. The council should have information on the Public Rights of Way they have responsibility for. You need to find out if the path is a PROW and if so investigate that further.

I hope you don't find out you own the trees and that they are subject to a TPO!

rainbow143

Thanks so much for your reply.
I have a copy of the Land Registry Title Deed of the field and path that was sold to the second developer who built the second estate.
The path was sold along with the field – the plan shows all the plots for the new houses that were to be built, hence leaving the footpath between the two estates. This is why I believe that the developer owns the footpath – it is definitely in the Title.
The council state they are only responsible for ensuring the path is kept clear – and this would result in them pursuing the owner to clear the path should it become overgrown or flooded. So they are not responsible for doing the work – just ensuring it is done. I have spoken to the council recently and get the impression that this issue is a real problem for them.
I just can’t believe that if a company goes into liquidation the land then belongs to no-one. Surely it must belong to someone?
The council have assured me there is no TPO on these trees.

DirectDebacle

This is a bit of a dilemma.

just can’t believe that if a company goes into liquidation the land
then belongs to no-one. Surely it must belong to someone?

What happens to property if someone dies intestate. Do the Crown take possession of it and dispose of it as they see fit?

How does that transpose to a corporate situation? Quite possible that the liquidators were not in possession of the evidence you have discovered, that this strip of land was not part and parcel of the development but remained the property of the developer. This is way beyond my pay grade but it appears the winding up of the company was not as thorough as it might be.

Apart from bringing it to the attention of the liquidators there must be some govt. quango/dept. that deals with the overseeing of liquidators. Official Receivers Office or something.

Thing is its a strip of land that nobody really wants and doesn't want to take ownership of. If it can be shown that the legal owner is now a non-existent company then the owner is probably now the state. Presumably they could dispose of it or designate responsibility to another e.g. your council to either take ownership of or offer for sale.

I don't know, just thinking out loud really. Maybe someone with knowledge will join in. I think there used to be a Land Registry rep come on here from time to time.

WestonDave

Given the nature of the land it probably has negative value (i.e. obligations to repair etc but no potential for income) so even if it was known about it may have been impossible to transfer to a new owner given that it would be taking on a problem. There probably is a reversion to the crown but that probably doesn't mean it ends up with the local council more likely a similar government department to property which is left when someone dies without having anyone to inherit. Maybe someone like the Treasury Solicitor office may know!

rainbow143

Thanks for the responses.
I have emailed my findings to the council and asked if their legal department can advise – they have been fairly cooperative up to now.
My local solicitor offers free 10 minute consultations too – so I might see if I can book an appointment there.
My main aim at the moment is to prove that I have gone to great lengths to establish who owns the trees on the land – so I can then get them trimmed so that they are no longer a danger to my house. Not really happy that I have to pay for this myself, but have no other option.

mttylad

Put a fence on it so it enlarges your property.

you'll soon be finding the real owner, if not you'll be able to claim it for yourself

rainbow143

mttylad wrote: »

Put a fence on it so it enlarges your property.

The other side of the fence is a public footpath - so not a good idea. All I want to do is sort out the trees - so will continue to bide my time and see what develops.

Land_Registry

Land law in England & Wales effectively means that all land is owned as ownership can pass to the Crown in a variety of circumstances, the most common of which is where an owner dies intestate but it can also apply to companies as well when they cease to exist.

When a company is to cease trading it will be wound up and a liquidator appointed to dispose of its assets. The liquidator should be able to identify what land/property the company owned especially when it is registered as in this case but in some cases they may not view it as an 'asset' as it has no obvious value, so they may decide to do nothing with it although we would not know for sure of course. From our perspective though the legal ownership is with the registered owner, the company, and we would only be made aware of the company being in liquidation if a formal application affecting the title was submitted.

In some cases the liquidator may 'disclaim' ownership and I would recommend reading our online guidance around Corporate Insolvency and in particular sections 6, 7 and 8 for more guidance around what can happen re the ownership of such land.

rainbow143

Thank you so much for your reply – it clarifies some things.
But it looks like there is more homework to do.
But if the Crown now owns the land, and the council are responsible for ensuring the owner maintains the path – who would the council go to? Who exactly is ‘the Crown’?
Gosh – this gets more complicated!!

rainbow143

Sorry - but just to bring another aspect of this issue up too.
Our neighbour is in her 90's and has very poor eyesight. Her house is now very dark as a result of these trees growing so high.
Do people have a right to light?
Just wondering.