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I'm looking to buy a house that comes with a large tiered garden (split into 2 parts) that the current owner has occupied but not owned since 2000. Throughout his period of occupation, he has cultivated the land, has never been challenged over ownership, and has endeavoured to trace the owner without success.
All this has been stated in documents that have been passed to us by our solicitors, which state that we have no legal title over the land, however in 2014 we can make an application to the Land Registry to claim ownership of the first section of land, however we would have another 12 years after that point to be able to claim ownership of the second part!!!
There is insurance / indemnity in place to be able to counter any possible land ownership claim over the first parcel of land, so l feel fairly safe about that one, but the second bit is a concern. Half the reason we want the house is because of the large garden and views, but l cannot imagine l would want to do anything with the land if someone was to come along and claim it.
So, apart from checks through the Land Registry, and contacting the seller to see what he has done about it, what can l do to investigate previous land ownership (or prevent a 'takeover', unlikely l know!)
Any thoughts?
I'd have thought the best option would be to keep your head down and carry on. If you find the owner surely they will want to own it. Maybe have a read here http://www.landregistry.gov.uk/professional/guides/practice-guide-4
as a buyer .... remove the land from the equation - is the house still worth it.
IF bob the builder came along and stuck a 2 story house on it (never discount them getting planning regardless) would it still be a nice place to live ?
Having some experience of such things I would say the odds are in your favour but the risk is there and there is limited research you can do.
Unregistered land will belong to whoever can prove they own it. Anyone could turn up at any time with some deeds and claim possession, until it is granted yours that is.
Knowing some local history is the only way really and the old sale contracts will give you a clue if they are available. The likely candidates are often the Council or some long ago dismantled estate. The Council may have no records of ownership and no intention to ever look into it. Old estates have years of inheritance issues where the title of low value / non income earning land will have been lost or forgotten about over time if they were ever aware of it. In either case you will get clean possession in time.
My guess would be you will unlikely bottom it out fully so it is a punt you are talking – as above assess the impact of losing it, if you can’t live with that outcome then step away...
Obtain statutory declaration regarding exclusive occupation from your seller. If your seller has occupied the land since 2000 then a claim can be made for possessory title now assuming the land is unregistered - 12 years is required. I am assuming the land is fenced in otherwise simple act of maintaining the ground won't be sufficient evidence of occupation from the Land Registry's point of view.
If your seller has occupied the land since 2000 then a claim can be made for possessory title now assuming the land is unregistered - 12 years is required.
I have a statutory declaration from the seller, however my solicitor has said that the seller has no registered title over the land, just the use of and occupation of it since 2000. Could the seller apply now (after the 'first' 12 years) for adverse possession, or does he / we need to occupy it for another 12 years first?
BTW, the garden isn't fenced off, more 'fenced in' ie it is an extension of our land.
I though it was 25 years but you need the definitive from your lawyer here – not some lazy forum geeks view. If you have 12 years to go that obviously impacts you trying to sell it on and it would put of more than most.
He can apply now after 12 years and obtain was is termed a 'possessory title' and then after another 10 or 12 years, can't remember which off the top of my head, you can apply for the title to be upgraded to 'absolute title' (best class of title)assuming no-one has queried your occupancy in the intervinig period. I'd get your seller to apply now for possessory title, at his cost and hassle - if the Land Registry kick it back you'll know where you stand.
A local landowner is applying to the land registry for the freehold of all common land in the parish (which he claims includes our drive, but that's another story). This land has been in the care of the parish council since 1974 and any documents he may have which prove his ownership are at least three generations old.
As said before, assume it's NOT yours, would you still buy the house?
In my opinion although the risk is small the implications are so huge that it's just not worth the risk.
as indicated, make seller apply to the LR and see what the outcome is.
From your post it sounds like the land is unregistered so you need to read [url= http://www.landregistry.gov.uk/professional/guides/practice-guide-5 ]this[/url] practice guide.
If the seller has been occupying the land for more than 12 years then he can apply for adverse possession of it all now, I would want him to make the application before I bought the house. If he is granted possessory title to the land then after a further 12 years you can apply for absolute title. I would want him to offer an indemnity policy that would pay out if the documentary title holder ever reclaimed the land.
If he applies and doesn't get possessory title then it is unlikely you would be able to make a claim for adverse possession for a further 12 years.