Nobody owns the land?

ritac1

I am interested in purchasing an old house where it is unclear to me who owns some of the land in what appears to be the boundary to the property.
The estate agent and owner have said that the paved area at the front of the property is the vendors as is a private fenced in area behind the property.
There is a 10' wide strip of land all the way up the side of the property and around the back (between the building and the fenced in area). A neighbour has Right of Way to gain access with his car to his recessed parking space. As does the Scouts association who need access to an old building where they store items which can only be accessed via the driveway at the side of the property I am interested in buying.

I have enquired of the estate agent who actually owns the land in question and having asked the vendor the answer I received is that "the driveway is not owned by anyone. Four people have rights of access although it is really only the neighbours and ourselves that use it on any regular basis".

Can this be correct? Is it possible that nobody actually owns the land?

lincroft1710

All land in the UK is owned by someone. If it is registered the Land Registry can provide details for a small fee.

stator

If the property was bought/sold recently then you should get the details of the title plan from the Land Registry website for a few quid.

princeofpounds

The EA knows nothing. Someone owns the land, even if it is the Queen.

Most likely it is owned by one of the properties that are adjacent, or all of them either jointly or each owning a little piece. Possibly it was never transferred away from the original developer.

In circumstances like this, the existence and wording of the right of way, and the arrangements for maintenance, are often more practically important than the simple fact of who owns it.

Whatever you do, make your solicitor aware of any questions you might have about the 'facts on the ground'.

ritac1

lincroft1710 wrote: »

All land in the UK is owned by someone. If it is registered the Land Registry can provide details for a small fee.

Thanks for responding. Have looked at the Land Registry website, would that 'Title Register' and 'Title Plan' give me the info I need?

Many thanks

princeofpounds

would that 'Title Register' and 'Title Plan' give me the info I need?

Yes. The trick is locating which one it is on if one of the houses owns it, sometimes it's not always clear. But they aren't expensive so you can get one for all the deeds easily. Go for the plan first to see if it covers the area you are looking for, then the register to find out who owns it or to possibly help solve the mystery if the plan doesn't help.

AdrianC

Until relatively recently, land ownership did not have to be registered centrally. It was only provable by the deeds documents. Any recentish changes of owner should be registered at the land registry, but older ownerships aren't. It's entirely possible that the owner doesn't even know they own it, if they've inherited the residue of a deceased owner's estate.

ritac1

Thanks for the info everybody. Have now got the Title info and it does show on the plan that the drive is not included (i.e. its not ringed in red). It also doesnt appear to include the private fenced in garden which is supposed to be included with the property!
I will get the next door info and see what that shows. Blimey, I thought the estate agent would have all this info! How wrong I am!

AdrianC

No, this is the job of your solicitor.

Land_Registry

Others have already posted re how to check if the land is registered or not but here's the link to the online guidance if others view the thread as well

As others have mentioned land/property can be unregistered but that does not mean that there is 'no owner' as in England and Wales technically all land is owned as that ownership can pass to the crown in certain circumstances.

The only bit to add to your last post is that land/property can be acquired and registered at different times so you can find one property (the building and a separate piece of land) registered separately and under two or more different title numbers

The online service is very good for identifying postal addresses and the relevant title information. And as princeofpounds posts it can be trickier when trying to pin down a piece of land in amongst a number of actual properties as the search are is 5m or larger so can often touch an adjoining address.

Sometimes it is better to make the postal application for a search of the index map (SIM) for £4 instead - you can use the plan already obtained to mark the piece of land and the search result will confirm if it is registered and the title number(s) involved, which can then usually be viewed online (£3 each).

If the land is unregistered then princeofpounds earlier post #4 comes into play and trying to identify the true owner may not always be achieved although you can usually get a good idea by checking a variety of information - one of our online blogs offers some ideas as to how and where to check

princeofpounds

Blimey, I thought the estate agent would have all this info! How wrong I am!

ho ho ho... indeed.