Tracing the owner of a piece of land
Tracing the owner of a piece of land
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Rouleur

Original Poster:

7,367 posts

213 months

Monday 22nd August 2011
quotequote all
Bit of an awkward one this - I want to find out who owns a parcel of land which used to go with my house but was retained by a previous occupier at some point in the dim and distant past.

A neighbour who's lived around here all her life has told me that the owner hasn't been seen in many years (I think we're talking 10+ here). This lady moved to a different county but used to visit a couple of times a year to see friends and check on the land, but as she was pretty old then the chances are that she's dead now. None of the other neighbours knows anything about it.

I've pulled up a plan on the Land Registry site for the relevant area of plots but it's dated 1978 and in fact what are now four parcels are shown as being just one big area with no boundaries, so that's no use at all.

I'm stuck! Can anyone help?

Cheers


ETA - I'm going to get the deeds from my solicitor this week but I'm sure there's no mention of the land in them as I only bought the house 5 years ago and I wouldn't have forgotten about it!



Edited by Rouleur on Monday 22 August 21:37

Rouleur

Original Poster:

7,367 posts

213 months

Tuesday 23rd August 2011
quotequote all
Bumpity bump

williamp

20,141 posts

297 months

Tuesday 23rd August 2011
quotequote all
there is a government organisaton called the Land registry

http://www.landregistry.gov.uk/

They know everything like this!

Red Devil

13,456 posts

232 months

Tuesday 23rd August 2011
quotequote all
williamp said:
there is a government organisaton called the Land registry

http://www.landregistry.gov.uk/

They know everything like this!
Ahem.

Rouleur said:
I've pulled up a plan on the Land Registry site
If the original parcel of land has been sold off and subdivided for development the LR should have a record of it. The OP's solicitor should have a copy of the entry in the Title Register. It may be possible to widen the search from what it contains.

Rouleur

Original Poster:

7,367 posts

213 months

Tuesday 23rd August 2011
quotequote all
Thanks for the reply.

If there's no other way of finding out this sort of info then I hope you're right about the title register!

Red Devil

13,456 posts

232 months

Wednesday 24th August 2011
quotequote all
Rouleur said:
Thanks for the reply.

If there's no other way of finding out this sort of info then I hope you're right about the title register!
This is merely the obvious starting point. A search can potentially have similar labyrinthine qualities to tracing one's family tree. However dont be put off at this early stage. Take one step at a time. If the first doesn't bear fruit, there are other avenues of exploration. It depends on how much time and effort you are willing to devote.

If the person who had title to the retained land has since died it is possible that it has been passed on to their successor(s).

Pontoneer

3,643 posts

210 months

Wednesday 24th August 2011
quotequote all
Not sure where you are , but under Scots Law at least , once you have enjoyed use of a piece of land for a certain number of years ( 10 ? ) without objection from the owner , you can claim title to it .

Similar may apply south of the border ?

Rouleur

Original Poster:

7,367 posts

213 months

Wednesday 24th August 2011
quotequote all
I'm in England, and I'm thinking along the same lines as you. I understand that you have to have been using the land for 10 years here too, and I've lived here for 5 so I could always back date it whistle

Jasandjules

72,034 posts

253 months

Wednesday 24th August 2011
quotequote all
Rouleur said:
I'm in England, and I'm thinking along the same lines as you. I understand that you have to have been using the land for 10 years here too, and I've lived here for 5 so I could always back date it whistle
No don't backdate, you would need to do a Statutory Declaration which carries a prison sentence if you lie on it....... However, contact the seller and ask if they would be willing to sign a Stat Dec which says they've had unencumbered use of the land for however many years.

Then send this and your stat dec saying about the last 5 years to the land registry and ask for the land to be added to your deeds.

dogbucket

1,254 posts

225 months

Wednesday 24th August 2011
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Just done something similar with the Land Registry.

Print off and fill in form 'SIM' together a plan of the area you want to know about. Send in with £5.

They reply telling you the title number(s) for the land in question.

Print off and fill in form 'OC1' plus £8 to get the freeholder of said titles.

They replied by return of post for both forms.

Rouleur

Original Poster:

7,367 posts

213 months

Wednesday 24th August 2011
quotequote all
Cheers for that. I might do it even though I'll probably get the same result as I did using the aerial photo on their site as it will allow me to pin point the relevant area more accurately.

Red Devil

13,456 posts

232 months

Wednesday 24th August 2011
quotequote all
Rouleur said:
I'm in England, and I'm thinking along the same lines as you. I understand that you have to have been using the land for 10 years here too, and I've lived here for 5 so I could always back date it whistle
Yes. 10 years.

Land Registration Act 2002
"a person may apply to be registered as the proprietor of a registered estate in land if he has been in adverse possession of the estate for the period of ten years ending on the date of the application". (Sched 6, para 1).

If the Land Registry is satisfied with the application, notice is sent to the registered proprietor who then has 65 "business days" to serve a counter-notice if he objects to the registration. If a counter-notice is served, the applicant needs to establish one of the three grounds set out in Sched 6, para 5 before he can be registered as owner.

ETA this applies to registered land. The regime for unregistered land is as it was prior to the above Act.

Edited by Red Devil on Wednesday 24th August 23:06

7db

6,060 posts

254 months

Thursday 25th August 2011
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So if you know your neighbour will be out of action for 65 days, you can claim his house? Handy.

Rouleur

Original Poster:

7,367 posts

213 months

Thursday 25th August 2011
quotequote all
7db said:
So if you know your neighbour will be out of action for 65 days, you can claim his house? Handy.
You've forgotten about the 10 years...

7db

6,060 posts

254 months

Thursday 25th August 2011
quotequote all
Rouleur said:
7db said:
So if you know your neighbour will be out of action for 65 days, you can claim his house? Handy.
You've forgotten about the 10 years...
It's a long time to lock someone in the basement, but with houseprices as they are...