Adverse possession of unregistered property

Rhi2021

Hi there is an Abandoned derelict house 2 doors down from my own property and I have checked with land registry and it is unregistered. I was going to start the process of adverse possession as I understand this can take 12 years of proof that I maintain it. Does this mean I need to make it habitable and start paying council tax etc or am I able to just maintain its current state and make it secure. I don’t want to renovate it costing thousands and pay bills, council tax etc only for someone to come forward and claim it’s theirs and I’ve lost all that money. Thank you 

greatcrested

You need to treat it as if it were your own.

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

Rhi2021

Thank you but I struggled to understand this article due to all the jargon used 

Mickey666

Rhi2021 said:

Hi there is an Abandoned derelict house 2 doors down from my own property and I have checked with land registry and it is unregistered. I was going to start the process of adverse possession as I understand this can take 12 years of proof that I maintain it. Does this mean I need to make it habitable and start paying council tax etc or am I able to just maintain its current state and make it secure. I don’t want to renovate it costing thousands and pay bills, council tax etc only for someone to come forward and claim it’s theirs and I’ve lost all that money. Thank you 

That's the risk to have to take.  You have to be able to prove you've treated the property as your own - how are you going to do that if you don't invest in basic security (fences etc) and pay the basic legal requirements you'd have as an owner (eg council tax, utility bills etc)?

One possibility to cover such costs might be to rent out the property but then you'd have all the landlord regulations to meet.  You could use a letting agency to do all that for you of course, which is probably financially viable as you'd have no mortgage to support on the property.  But the idea of not having to make some sort of serious commitment is fanciful in the extreme.

davidmcn

How much investigation have you done into who owns it? How long has it been abandoned for?

AdrianC

...and don't forget that if it has been empty for more than two years, the council tax gets hiked as an incentive to get it back in use. And the council can order repairs to get it habitable again.

Perhaps that's already happened, and the owner doesn't think it worth the hassle?
What sort of value would the property be if refurbished?

Murphybear

Rhi2021 said:

Thank you but I struggled to understand this article due to all the jargon used 

I’m sure you’re not alone, it did say in the beginning it was aimed at solicitors and other conveyancers

AdrianC

But if you want to use the law to get a free house, you need to understand the relevant bits of law...

It might involve a bit of homework, but...

Davesnave

Rhi2021 said:

Thank you but I struggled to understand this article due to all the jargon used 

Many people who get into matched betting were lousy mathematicians at school! If there's a gain to be made, it's often attended by some initial pain.

The pain here may be wasted time, so surely yours is worth a small investment with someone legally qualified, who will outline the likely pitfalls before you commit further?

AdrianC

Davesnave said:

Rhi2021 said:

Thank you but I struggled to understand this article due to all the jargon used 

Many people who get into matched betting were lousy mathematicians at school!

...and lost a fortune as a result.

Rhi2021

Thanks all, you’ve all been very helpful and prompt in your reply. I think I’ll get some legal advice before going any further and go from there