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Land we didn't realise we owned, is it too late to claim it back?

Berocca
Berocca Posts: 3 Newbie
in House buying, renting & selling
Hi,

Would like some advice please.

We bought a detached property just over 30 years ago and didn't realise till after our mortgage was paid and received our deeds that a piece of land behind our house belongs to us, which is currently in use by next door with a very unattractive shed built on it. On our title plan it shows we own the land, and after some investigation we've found that it is not on next doors title plan.

What id like to know is do we have a right to claim this land back?
And what is the process to do so?
Do we approach our neighbour or go straight to the solicitors?

Appreciate all the feedback !!!128522;
«1

Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    ...or you could offer to sell it to your neighbours
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Name Dropper First Anniversary Photogenic First Post
    edited 17 April 2018 at 12:54PM
    Have the neighbours owned their house as long as you?

    If not, for how long approximately have they used the land concerned ?

    Have they fenced the land?

    How large is it ? (approx)

    At this stage it would be best to say nothing to the neighbours if they have occupied the land for more than 12 years.

    EDIT: Also see the thread below, which is current:

    http://forums.moneysavingexpert.com/showthread.php?t=5830074
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    First Anniversary Name Dropper First Post
    You refer to your deeds. Is your property registered? Is this piece of land registered? Do a search on the LR's website to be sure.
    https://www.gov.uk/search-property-information-land-registry


    If it is not registered, get it registered asap. It is a lot easier for them to claim adverse possession of unregistered land than registered.


    Once you have it registered, tea and cake is the best way forward... You clearly do not want or need the use of this land - while they do, currently, have solid grounds to claim it for free with relatively little hassle. I'd suggest you have a route to a reasonable compromise which will see the shed cease to be an issue for you.
  • shortcrust
    shortcrust Posts: 2,697 Forumite
    Combo Breaker First Post First Anniversary Newshound!
    My preferred option would be to forget about it, which is what I've done in a similar situation.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    First Post Combo Breaker
    shortcrust wrote: »
    My preferred option would be to forget about it, which is what I've done in a similar situation.

    The problem with that is that if the OP wants to sell the house and the potential buyer is more diligent with their searches then the ownership of the land is going to be an issue. I'd suggest selling it now to the neighbour for a nominal sum, unless the OP wants to do something with it themselves that will add value in the future.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    agrinnall wrote: »
    The problem with that is that if the OP wants to sell the house and the potential buyer is more diligent with their searches then the ownership of the land is going to be an issue. I'd suggest selling it now to the neighbour for a nominal sum, unless the OP wants to do something with it themselves that will add value in the future.
    And the neighbours are even more likely to have an issue with it when they come to sell - better to sort it out now rather than wait until it needs urgently done during a sale.
  • Berocca
    Berocca Posts: 3 Newbie
    They've owned the property for around 22 years but the property was sold assuming the land concerned came with it.

    It's around 40m sq. and its not fenced off just a big shed has been built on it.

    Thanks for the advice.
  • Berocca
    Berocca Posts: 3 Newbie
    The property and land is registered to us so when we come to sell the property, which may be soon, we would need the whole issue dealt with.

    The piece of land is right at the back of our property so could potentially be a large extension to our current property or considering it is ours, we get the sale of the land rather than next door have it :beer:

    Thanks for the advice, tea and cake sounds great.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    First Anniversary Name Dropper First Post
    Berocca wrote: »
    The property and land is registered to us
    ...at the Land Registry?

    OK, so ignore the deeds - they're historical interest only. The LR is the official record of ownership.


    If your neighbour bought the place in the mid-late 90s, then they'll definitely be registered, too.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Berocca wrote: »
    The property and land is registered to us so when we come to sell .....

    I assume that's a response to
    You refer to your deeds. Is your property registered? Is this piece of land registered? Do a search on the LR's website to be sure.
    https://www.gov.uk/search-property-information-land-registry
    though it remains ambiguous.
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