statutory declaration
Discussion
Hi guys .
I am looking for help with a statutory declaration.
My parent have owned there house and property since 1983 and it was not registered at the time of purchase .It only came out that there property was not registered when highways smashed up there private foot path and widened it claiming they can put footpath up to the wall of any one property on anyone property.
I have had a statutory declaration drawn up but do not no if it hold enough information about works cared out or how much you need to put in to register your own property.
Any information would be a real help.
Thanks
I am looking for help with a statutory declaration.
My parent have owned there house and property since 1983 and it was not registered at the time of purchase .It only came out that there property was not registered when highways smashed up there private foot path and widened it claiming they can put footpath up to the wall of any one property on anyone property.
I have had a statutory declaration drawn up but do not no if it hold enough information about works cared out or how much you need to put in to register your own property.
Any information would be a real help.
Thanks
Hi, I'm slightly confused by what you're trying to do.
If the property isn't registered at the land registry you need to send them your parents conveyance from when they bought and a form AP1 (you'll find it on the LR site) and a fee that I think is £40. They will then register to the extent that the conveyance plan and their existing records (neighbouring properties) allow. That's quite a straightforward process. Just don't send original conveyances anywhere without getting Certified Copies made.
As you've mentioned a stat dec, I imagine that the conveyance plan doesn't show that your parents own the area that you're talking about and that they need to provide a stat dec to show that they have either occupied or used the area in question?
Assuming this is the case the stat dec just needs to say that they have either used or occupied the area in question without any consent from anyone else, without objection and without payment. It should state whether it has just been access on foot or with vehicles. There are different criteria depending on whether it is land they have occupied and want to "own" or whether they are claiming a right of way so if you can post some more I might be able to help further.
Hope this helps!
If the property isn't registered at the land registry you need to send them your parents conveyance from when they bought and a form AP1 (you'll find it on the LR site) and a fee that I think is £40. They will then register to the extent that the conveyance plan and their existing records (neighbouring properties) allow. That's quite a straightforward process. Just don't send original conveyances anywhere without getting Certified Copies made.
As you've mentioned a stat dec, I imagine that the conveyance plan doesn't show that your parents own the area that you're talking about and that they need to provide a stat dec to show that they have either occupied or used the area in question?
Assuming this is the case the stat dec just needs to say that they have either used or occupied the area in question without any consent from anyone else, without objection and without payment. It should state whether it has just been access on foot or with vehicles. There are different criteria depending on whether it is land they have occupied and want to "own" or whether they are claiming a right of way so if you can post some more I might be able to help further.
Hope this helps!
Hi Piglet
My parent own a house one part of a larger property ,They purchased there property in 1983, some 3/4 years ago highways came along and smashed up there foot path that ran beside the house .
My parent have maintained and even relayed this over the time of ownership. My parent went to there solicitor and asked for help .
He pulled out a file that he was holding for my parent and also checked on the land register the property was not registered,
because the property was split over the last 60 years . The deeds for the house are vague to what my parent own. Some eight years ago a developer purchased a shop which stand with in part of the grounds of my parent property .The shop was part of the original property before it was split .
The Developer start stating he owned my parent access way , footpath,cesspit and court yard . In the end he agreed he did not own any off the serounding, access way, cesspit , footpath or court yard. My parent have all way charged the shop for a fare share of cost to empty the cesspit and the other cottage on the site , My parent also grant the shop rights to use the access way , footpath but they in return had to clear rubbish from it and be prepared to pay part of any cost of repair they were never charged for any repairs.
My parent some 7 years ago purchased the shop from the developer . As what he wanted to do and my parents having other ideas .
The developer was happy with his profit and my parent went back to relaxing believing that no one could claim any ownership again .
Then highway some years later smashed up there footpath beside the grade 2 listed building , coursing damp ,problem to the brick walls and timber of the ground floor over the cellar. Structural engineer have been in and advised some paper should have been sent and conservation etc informed .This was never done.
My parent and family have close off the hole property when need for maintenance + closed it for 24hour period to stop any one claiming rights off way over there property year by year. Two years ago there solicitor advised them that they did not need to close the site down for 24 hours each year but only one every nine years .
The solicitor has done a state dec but in it he state my parent have had the property closed off all the time to stop access .
My parent do not want to sign as this would not be truthful . As they keep part of the property open as it is in the centre of a village and only close as stated above .
I can send copy of state dec a bit later to you . The other problem they need to get it sworn asap as the solicitor that has been dealing with this is leaving the practice on the 13aug .
They have been advice the law has change and even thou they own there property in the eye of the law they do not own there property till it is registered .
I purchased the third part of the property a cottage on the site some 4 years ago .
Thanks for reply hope this make sense.
My parent own a house one part of a larger property ,They purchased there property in 1983, some 3/4 years ago highways came along and smashed up there foot path that ran beside the house .
My parent have maintained and even relayed this over the time of ownership. My parent went to there solicitor and asked for help .
He pulled out a file that he was holding for my parent and also checked on the land register the property was not registered,
because the property was split over the last 60 years . The deeds for the house are vague to what my parent own. Some eight years ago a developer purchased a shop which stand with in part of the grounds of my parent property .The shop was part of the original property before it was split .
The Developer start stating he owned my parent access way , footpath,cesspit and court yard . In the end he agreed he did not own any off the serounding, access way, cesspit , footpath or court yard. My parent have all way charged the shop for a fare share of cost to empty the cesspit and the other cottage on the site , My parent also grant the shop rights to use the access way , footpath but they in return had to clear rubbish from it and be prepared to pay part of any cost of repair they were never charged for any repairs.
My parent some 7 years ago purchased the shop from the developer . As what he wanted to do and my parents having other ideas .
The developer was happy with his profit and my parent went back to relaxing believing that no one could claim any ownership again .
Then highway some years later smashed up there footpath beside the grade 2 listed building , coursing damp ,problem to the brick walls and timber of the ground floor over the cellar. Structural engineer have been in and advised some paper should have been sent and conservation etc informed .This was never done.
My parent and family have close off the hole property when need for maintenance + closed it for 24hour period to stop any one claiming rights off way over there property year by year. Two years ago there solicitor advised them that they did not need to close the site down for 24 hours each year but only one every nine years .
The solicitor has done a state dec but in it he state my parent have had the property closed off all the time to stop access .
My parent do not want to sign as this would not be truthful . As they keep part of the property open as it is in the centre of a village and only close as stated above .
I can send copy of state dec a bit later to you . The other problem they need to get it sworn asap as the solicitor that has been dealing with this is leaving the practice on the 13aug .
They have been advice the law has change and even thou they own there property in the eye of the law they do not own there property till it is registered .
I purchased the third part of the property a cottage on the site some 4 years ago .
Thanks for reply hope this make sense.
Hi tomuch
It sounds complicated and I'd imagine there are hours worth of research and investigation needed to be able to advise you properly.
Your parents need to go back to the solicitor and make sure that the sat dec is correct, there is no point if having it if it is wrong. On the basis that their solicitor sounds like he has a good understanding of this already it's probably worth paying him to get the property registered and to deal with the issue of who owns what and what rights are granted once and for all to avoid any problems in the future.
From what you've said your parents sound like they've done a good job of making it clear that it is their property and that they are allowing others to use it with their consent and at a cost (shared repair etc) but it is important that the stat dec is correct and is not open to challenge.
The law in this area has changed over the last couple of years and this case would be further complicated by land being sold off from one ownership as there can be some presumptions of access in these situations.
Sorry I can't be much more help, your folks need to take advice from their own solicitor who knows all of the facts as there are quite a lot of variables that matter in this situation.
Good luck!
Edited to say I've just re-read your post about the solicitor leaving, the practice will need to reallocate to another fee earner and your parents should make the point that they don't expect to pay for any duplicated time in ensuring that someone else is up to speed on the matter.
It sounds complicated and I'd imagine there are hours worth of research and investigation needed to be able to advise you properly.
Your parents need to go back to the solicitor and make sure that the sat dec is correct, there is no point if having it if it is wrong. On the basis that their solicitor sounds like he has a good understanding of this already it's probably worth paying him to get the property registered and to deal with the issue of who owns what and what rights are granted once and for all to avoid any problems in the future.
From what you've said your parents sound like they've done a good job of making it clear that it is their property and that they are allowing others to use it with their consent and at a cost (shared repair etc) but it is important that the stat dec is correct and is not open to challenge.
The law in this area has changed over the last couple of years and this case would be further complicated by land being sold off from one ownership as there can be some presumptions of access in these situations.
Sorry I can't be much more help, your folks need to take advice from their own solicitor who knows all of the facts as there are quite a lot of variables that matter in this situation.
Good luck!
Edited to say I've just re-read your post about the solicitor leaving, the practice will need to reallocate to another fee earner and your parents should make the point that they don't expect to pay for any duplicated time in ensuring that someone else is up to speed on the matter.
Edited by Piglet on Saturday 4th August 13:21
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