Land with National Grid overhead lines

GeordieGirl48

My deceased BIL’s estate contains a small parcel of what looks like scrub land housing National Grid overhead lines. BIL felt this purchase was a scam because he could not do anything with the land. He left his estate to six siblings. My husband is Executor of the Will and we have learned we cannot sell the land (no interest in it) so he is at a loss what to do with it.
1. What happens if he just ignores this land?
2. Does the land have to be in the name of one of the siblings or should it remain in BIL’s name?

Marcon

GeordieGirl48 wrote: »

BIL felt this purchase was a scam because he could not do anything with the land.

How recently did he buy it and why did he think it was a scam - didn't his solicitor carry out the necessary searches etc during conveyancing? Not idle curiosity; I'm interested to know how the purchase came about and what representations were made to him, if you know.

GeordieGirl48

I wish I knew! It was bought in 2010. I know a field was “parcelled” up and plots sold off (netting the sellers £350,000). He bought it planning to build a house, but it is scrub land in the middle of a field. Then he finds out that there are pylons and lines across the fields - hence his feeling it was a scam. It is possible he omitted a solicitor to save money, but I don’t know.

Tom99

I don't think selling scrub land with pylons over is, in itself, a scam. Both would be obvious to anyone who inspected the land so presumable BIL did not even view the land he was buying.
If it really is in the middle of a field with no border fencing I can't see any harm it just leaving it is his name.
What are the access rights to the land?

GeordieGirl48

Thank you Tom. Sorry, but I have no more information whatsoever. We live in the North East and the land is in Kent so you are probably right, BIL never viewed the land and probably never used a solicitor, and now we are left with a mess.

Skiddaw1

Is it definitely absolutely without value? I know it would be an expense, but would it be worth getting a surveyor to value it? I'm just thinking that with 6 beneficiaries it might be prudent for your husband (as executor) to at least go through the motions of getting the land valued just in case anyone ever cuts up nasty about the estate (and you know what people can be like). If there's definitely no value I think the land should be put in the names of all the beneficiaries. Good luck- will be interested to hear how it pans out.

xylophone

You have checked that he does actually own the land?

https://www.gov.uk/government/organisations/land-registry

Do you know how much he paid for it?

You say that there are NG pylons on the land - is there any right to any form of income?

https://www.nationalgridet.com/network-and-assets/landowners-occupiers-and-grantors

It seems to me that if he owns this land it is an asset of his estate and you are legally bound as executor to get it valued for probate.

Manxman_in_exile

xylophone wrote: »

You have checked that he does actually own the land?

https://www.gov.uk/government/organisations/land-registry

Do you know how much he paid for it?

You say that there are NG pylons on the land - is there any right to any form of income?

https://www.nationalgridet.com/network-and-assets/landowners-occupiers-and-grantors

It seems to me that if he owns this land it is an asset of his estate and you are legally bound as executor to get it valued for probate.

I agree. If you think he may not have used a solicitor in the purchase, I'd want to check he really owned it. What actually makes you, or rather your husband, think he did?


If I had NG lines on my property I'd definitely want some sort of income from them. If your BIL did own the land, was he receiving any income from it? (Or did the vendor keep quiet about any income?).


When you say you "can't sell the land (no interest in it)" I presume you mean that your husband etc are not interested in keeping the land - not that you have been told that you have no legal interest in it?

GeordieGirl48

Thank you for your replies.
1. BIL definitely owned the land. We checked on land registry.
2. It must only be a very small piece of land as it only cost £5500 in 2010.
3. There is no pylon on the land but there is one on the adjacent plot. There are overhead electrical lines over a small portion of the land. BIL received no income from the land. There is no Wayleave or Deed of Easement on it. We have already checked with National Grid. The income we would receive is £2.47 or thereabouts per annum. Not worth the postage.
4. I do agree it should be valued for probate but when I mentioned this to a solicitor, he said forget about it!! I was shocked. Won’t be using him, for sure.
5. We tried a land agent to get them to sell the land but they said “ I am afraid we are no longer dealing with these type of plots of land to sell at auction. I think you will find it difficult to sell due to; being landlocked, small plot of land with little potential and no dimensions, an electricity pylon and cables.”

So that is where we are.

New_World_Man

A landlocked plot does sound like it would be worthless. Surely someone in the family must know why it was bought in the first place.

In any event, it sounds like the best thing, as already suggested, is to transfer it into the names of the beneficiaries and then it is no longer your problem (although if probate includes this plot then I am sure HMRC will need something to justify the value, so it won’t be enough to say that “someone said it was worthless”).

As executor you must cover your back. It could come back to haunt you many years down the line if an issue arises.

loskie

it may not have been scrub land when initially sold. Land quickly reverts to scrub if not managed. Sounds like it may be suitable to be turned into allotments if access is permitted and there is a suitable population nearby. Maybe if worthless donate to an allotment trust/society/whatever