Building plot adj to unregistered land

Deansiddall_89

Dear users

I am in the process of purchasing a parcel of land with planning permission to erect a 3 bed house. The parcel of land is accompanied by a title register outlining the extent of its boundary in red. The parcel of land is bounded by a vacant plot which is not recorded on anybody's deeds nor does it have its own title register - it is therefore an unregistered parcel of land.

It has come to light that a gentleman living nearby has laid claim on the property. This has recently taken place. He has surrounded the vacant parcel of land with a fence. I am of the understanding that it takes up to 12 years to successfully obtain an unclaimed land subject to following the correct procedures with the Land Registry - therefore to date... it remains a unregistered parcel of land.

My query relates to the planning drawings for the land that's for sale; when I overlay the title register onto the proposed site plan of the new dwelling - the footprint of the new build encroaches onto the unregistered land. The gentleman who is claiming this land doesn't mind If I encroach marginally (exact extent to be agreed)

What are the pitfalls of building a dwelling on land that is unregistered? Can I get an indemnity policy to cover the eventuality of someone kicking up a fuss over it?

Where do I stand with selling the property on?

Thank you.

Regards

D

Land_Registry

I suspect much will depend on what you agree on as 'marginal' as that may decide whether a prospective buyer decides that part of the property you are trying to sell is in fact on unregistered land which you do not own.

The relationship between out title plans, registered boundaries and physical boundaries on the ground are explained in our online guidance and in particular PG40 and it's various supplements.

So understanding what is 'marginal' is important not only for you and the neighbour but also for any prospective buyer, especially as their definition may differ.

Others will be able to post re indemnity and risks thereafter I suspect.

moneyistooshorttomention

Mind boggling at the thought that a squatter "wont mind" someone else squatting on a little bit of land they don't own anyway.....my head hurts thinking about how they could possibly think they had a right "to mind" it.....????

Wouldn't it be a good idea, at this point, to generally ask around as to who actually owns this land and buy the little bit of it you want from then? and, as for Mr Squatter, he has no right to a say anyway.

AdrianC

Quite simple - if you have LR plans that say it's your land, he can shift his fence, because the twelve years stops there on the bit you can prove is yours.

If somebody comes forward with deeds that says that the registered bit of land shouldn't be, then that's a different clash of lawyers. But, until that happens, the LR plan wins hands-down over an optimist's fence.

G_M

Buy the land that's for sale.

Re-draft the plans for your 3 bed house to ensure it is constructed within the boundary of what you own.

Re-apply for PP (amendment will be simple).

Build house on your land.

The issue of the unregistered land is unrelated! You don't own it, so can't build on it, unless the owner agrees to sell you a bit. But as you don't know who owns it (the squatter does not) you can't buy.

Deansiddall_89

Thank you all - appreciated