Unregistered Land

Themightierpen

Dear All,

Hubby and I have lived in our property for 14 years.

Our back garden has a gate which backs onto an alleyway. This alleyway leads to another gate which has access to our street. We have a key for this gate.

Over the years, we have tended to this alleyway. We regularly weeded it, remove branches, put down some paving stones to make it more pleasant to walk on. Our neighbours use it as a dumping ground. We have regularly removed old coffee tables and other pieces of furnniture, bike carcasses, kids scooters, garden and building waste etc. which either involves trips to the dump or organising people to come and collect items (at our expense).

We would like to register the land to our property. Not to build on it (we can't), but to create ownership and stop everyone else using it as some kind of skip.  I have contacted the local Council, and they have no documentation of the land. I have also contacted Land Registry, and nothing came back from them either.

I have completed and FR1 form. Is there anything else I need to do?

Thanks,

TBG01

So you've never actually owned the bit of land? If so it's an Adverse Possession application you need to do. 

400ixl

What do your and your neighbour's deeds say about this piece of land?

user1977

Why do you think that registering ownership will help with the fly-tipping?

Themightierpen

Thank you for your comments.

I have completed an FR1 form for 'first registration', and I think I need to complete and ST1 form too.

The strip of land is not on our deeds and we have checked with a neighbour which we know quite well and it is not on their deeds either.  

Hopefully registering it and making it publicly known that it is private land but available for access only will assist with the fly-tipping situation. 

loubel

But you don't own it and haven't adversely possessed it either. 

p00hsticks

Themightierpen said:

I have completed an FR1 form for 'first registration', and I think I need to complete and ST1 form too.

I don't think FR1 is going to do what you want - my understanding is that that is for when you own the land (and can prove it by e.g. having paper title deeds etc) but it's not yet been registered electronically at the Land Registry title - usually because you took ownership before electronic registration came in (I think in the 1990's).

 as TBG1 says I think you'd need to apply for adverse possession - I'm not sure that there is a standard form for that. I don't know much about the process other than that I believe you need to be able to demonstrate that you have had exclusive access to the land (for example by having fenced off or blocked access to anyone else) for at least 12 years.

As you say that the land is unregistered I think that when you lodge a claim the Land registry would contact all other interested parties, which presumably would include all your neighbours, to see if they have any objections to your application.

 Assuming that your neighbours also have access to the alleyway and keys to the gate to the street, in my inexpert opinion an adverse possession claim would be a non-starter.

 You'd perhaps be better off approaching your local council or similar to see if they could help you organise some sort of community effort to look after and use the space - I've read of a number of successful initiatives such as this one https://www.liverpoolecho.co.uk/news/liverpool-news/merseyside-alleyways-transformed-amazing-community-18788895

sheramber

Is it a private estate and the land could still belong to the developer?

BarelySentientAI

Themightierpen said:

We would like to register the land to our property. Not to build on it (we can't), but to create ownership 

As the others have said - registering the land doesn't create ownership.  Plenty of houses around me are not registered, but I think the owners would have something to say if I did an FR1 to claim their house as mine!

propertyrental

FR1 is to register land that you can prove you own. You don't appear to own the alley (or if you do, you don't appear able to prove it).

You need to apply for Adverse Possession which involves various acts which you may or may not fulfil.

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

Yes - ST1 may help with a claim for Adverse Possession.

Edit: Apologies. You appear to be correct. FR1 !

4. Making an application for registration on the basis of adverse possession

4.1 The application: where the land is unregistered

You must make the application on form FR1: rule 23 of the Land Registration Rules 2003. Please note the need to attach to form FR1 a plan showing the land if the verbal description in panel 2 of form FR1 is not sufficient to identify the location and extent of the land on the Ordnance Survey map. It is rare for a plan not to be necessary in an adverse possession application.