How to claim or register strip of land end of boundary, builder bring title in

iamadave

Hi All,
Can you advise on the correct process to register or claim land, and if it can be actioned yet as the builder has not fully set the new title just yet this is imminent.
I have looked on the land registry but I can not see the land online as it either shows my property address or just fields. And as it is not registered from what I can see if I need to do a first registration, and if I can apply and use the drawings and correspondence to backup my application, without solicitors?

Our house and neighbour houses back onto a field which was farming, but is being built on by one of the big builders, large development.
The builder has announced they will be bringing there title deed back from our boundary to keep it uniformed and easier to manage.
The main reason for this is there is a strip of land which will run along the back of many houses, there is a small ditch. Neighbours further along complained to them and cctv and surveys checked it is not being used and does not connect to sewers or anything on our property. 
The part directly behind our boundary would be around 3.5M at one point to 2M on the other. I
I have email correspondence with the builders PR following these meetings and drawings from them detailing the new title deed which shows the gap. And that they will not be looking to have that land within there title, and the council want the access and strip secured.
Many thanks for reading this far.

davidmcn

So who currently owns it? If the builders think they have the option of including it in the houses' titles or not including it, that suggests they already own it - or they are at least in a contract to acquire it from the current owner. I doubt you can quietly "claim" it while everybody's eyes are on it...

UnderOffer

I’m struggling to follow this and I’m sure someone will be along to help, it might help if you add a drawing? what does “The builder has announced they will be bringing there title deed back from our boundary to keep it uniformed and easier to manage”, actually mean?

AdrianC

It will be registered - unless it hasn't changed ownership for the last few decades.

You can't just say "that's mine". It's easier to claim if it is unregistered - all you need to do is demonstrate exclusive use for a dozen years.

ProDave

Wait and see what the title plan says for your house when it is ready.

A more practical issue might be if your fence stops short of the ditch, but your title plan says you own it right up to the ditch, then as long as there are no right of way issues you might want to move the fence to include it in your garden.

Often such fence moves are best left until the development has finished and the builders have moved on.

davidmcn

ProDave said:

Wait and see what the title plan says for your house when it is ready.

A more practical issue might be if your fence stops short of the ditch, but your title plan says you own it right up to the ditch, then as long as there are no right of way issues you might want to move the fence to include it in your garden.

Often such fence moves are best left until the development has finished and the builders have moved on.

It is a confusing post, but I think the OP owns a house bordering the new development, rather than buying a house in it.

iamadave

Yes sorry for what now reads as a confusing post.
We do own a house which will border the development. 
I have found another email which seems to make it clearer. If unregistered could we claim FR1 with the drawing and correspondence without a solicitor? 
Thanks

The land between proposed fence line and the back gardens of neighbouring residents is a mix of land within builders ownership and unregistered land. On review of our the drawings and our records, it is evident that there is a strip of land approximately 3.5 metres wide behind your property.

As unregistered land, this strip is not within builders ownership. Builders boundary realignment plan confirms that they propose to install the majority of the boundary fence along their legal ownership boundary. There is one diversion proposed, which is evident. For ease of reference, we have prepared another image – “Sliver of land” – which highlights the area in question.

As this strip of land is not in builders ownership and is classified as unregistered, it is not possible for builder to transfer ownership of this land to you. Given the land’s unregistered status, the responsibility of its management currently sits with the lead local flood authority. Should you opt to claim the unregistered land as your own, you would assume sole responsibility for the ditch as it would fall almost entirely within your title.

greatcrested

To claim land that does not belong to you via Adverse Possession you need to use the land without the owner's consent for 12 years.

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

unforeseen

If it is not owned by the builder then its a good bet that it is owned by the field owner who sold the rest to the builder. 
Ownership has probably not changed since registration started.