Finding who owns land

MoneyPleaseHelp

I purchased my step mothers house, me and my partner are moving in. Down the side of the house and to the rear off the house is a 1 + meter wide passages. Her parents used to tend to is as they believed it was access for fire brigade i cannot find this in any deeds or see why it would be

The house is the end house of in a close and has a new house development next to it. I have spoke to the developers as they say they don't own the land between us and said we can use their fence as new boarder if we like, but they think this 1 to 2 meters and is council owned. I checked with council pathways and planning departments and they say its not theirs. I have gone to two solicitors and both have given different answers, one says the council must own it and the other says the original developer from 1965 owns it (now out of business)

any ideas how i can find out if i can take it as so far i cannot get any straight answer. I have got all deeds etc to see it that says who owns it and it does not.

sorry for the grammar as i suffer from dyslexia so not great at writing.

just seems silly not to take it if there is a possibly i can

Many thanks for any advice

G_M

I assume you've done a 'map enquiry' with the Land Registry here?

Treat it as your own. Fence it off.

Then make a claim for Adverse Possession. Read

https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land

00ec25

if the "passage" cannot be clearly identified as being within the boundary of either your own property or your neighbours when you look at the title plans you say you have already checked then it is probable that it has never been registered with the land registry given it appears to have been like this "on the ground" since 1965

you say the council deny owning it so as the developers have also denied any interest in it then take them at their word and use their fence as your boundary.

what are your practical concerns ? Do you want to build on this land? If not them just treat it as a part of your garden until such time as anyone objects. If or when such an objection occurs then you can look at perhaps making an adverse possession claim on the basis you have fenced off the land and used it as yours - obviously subject to the time limit and legal process

https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land/practice-guide-5-adverse-possession-of-1-unregistered-and-2-registered-land-where-a-right-to-be-registered-was-acquired-before-13-october-2003

MoneyPleaseHelp

Many Thanks for your advice OOec25

my worry was taking my fence down and taking it and them someone coming alone and saying i had done it illegally. both solicitors said i had to buy the land to take it but couldn't give me the owners name. (unhelpful and expensive) i was just trying to do everything above board.

Hedgehog99

I agree it would be good if you can sort it out now one way or another in case it comes up when you come to sell. Wouldn't want a potential buyer to get the jitters over boundaries.

G_M

MoneyPleaseHelp wrote: »

Many Thanks for your advice OOec25

my worry was taking my fence down and taking it and them someone coming alone and saying i had done it illegally. both solicitors said i had to buy the land to take it but couldn't give me the owners name. (unhelpful and expensive) i was just trying to do everything above board.

?????? :huh:

If it's your fence, you can do what you like with it (subject to Planning restrictions). There's no requirement to have a fence on your boundary at all, unless your Deeds specifically say you must. Do they?

Remove your fence. Treat the Developer's fence the other side as if it were your boundary and use that land as your own.

If someone comes along and complains, claiming they own that land, then deal with that when it happens (ie ask for proof of ownership).

If they don't appear, then claim adverse possession and the land becomes yours.