Comment by AdamH posted on on 12 June Comment by Tipper Tom posted on on 12 June Ok, so when I look at the land registry map for my property, and compare it to the OS map that is used to highlight in the deeds, my garden appears to be approximately 4m longer on the land registry, now behind the property is a patch of "no mans land" untamed woodland and that's about 50m. How do I go about getting this additional land included in my deeds so I can legally move my fence back?
Tipper Tom - the two plans are for very different purposes. The OS plan shows the surveyed features only. It does not denote the legal ownership or registered extent as that is what the title plan does.
If the land you are interested in is outside your title I would suggest checking if it is registered. All land is owned but not all land is registered and what you can or cannot do legally can be affected by whether it is registered or not.
For example if you are looking to move your fence and claim the land our PGs 4 and 5 explain the registration requirements. Comment by Steve posted on on 16 June I have recently received a reply after submitting a search in index map request. The first part under the result heading gives 2 freehold numbers , registered estate ir caution ,then goes onto say no other registered estate ,caution against first application for registration or application for a caution against first registration is shown on the index map in relation to this property.
Does this mean the land is not registered? The reason for this application was regarding a strip of land behind my property that I've used as a veg patch for 15 years. I wanted to know whether I could claim or whether there is a current owner. Comment by AdamH posted on on 18 June Steve - if the result refers to title number s then you would need to check each to see what they refer to and what interest s they protect.
Comment by Steve posted on on 18 June Thanks for replying , there is no title number just 2 freehold numbers. Due tomorrow being land between my property and woodland there is no postcode. Steve - freehold is the tenure and if registered would have a title number.
I read your post as wanting to know what each title referred to - if so then use the Detailed enquiry option not Quick or Map enquiry and search using the title numbers on your SIM result to confirm the registered details as appropriate.
The register confirms the ownership of the title searched whilst the title plan will show the registered extent. Comment by Steven posted on on 18 June Thank you, this is very strange , I have completed searches and both have come back with the local council as ownership. Some years ago we went to them asking who owned it and they said it wasn't theirs. Comment by Alan Burrows posted on on 20 June The entire length of my back garden runs alongside a passage.
I have a gate that I use so that on occasion I can take a short cut using the passageway or maintain the fence to my property. I do have my title deeds which clearly show the passage on the plans, also there is a reference to the vendor this is in "When required by Vendors if and so far as not then done to pay half expense of forming sd passage 12ft wide on northerly side of land thrby assured adjg and coextensive with boundary throf and also if and so far as afsd entire expense of paving with good paving stones or other material as mt be required by Vendors one half in width of sd passage adjgand coextensive as afsd".
I take it this means that the Vendor or inheritors of the Vendor or the Crown now own this piece of land or am I completely wrong. My supplementary point is if there is an owner do my deeds indicate that this passageway should be paved or cindered I may be pushing it here to a standard by them. Obviously my Local Council are not interested my neighbour who has cut down a couple of trees and piled them up against my fence isn't and the other chap who piles up rubbish reducing the passage width by half isn't.
So what should I do next to make any progress. Comment by AdamH posted on on 20 June Alan - I assume the land is unregistered and the reference to the older deed is the way forward with regards trying to identify who the legal owner might be. As you already appreciate if they were the owner that ownership may have passed to their next of kin or the crown if none exist.
Your deed states to what extent works have to be done, consented to and materials used - so it's either good paving stones or other material as agreed to by the Vendor etc. If so it's really a question of what is it you wish to do.
If that is to repair and maintain it then that may be something you can discuss and agree with the neighbours you mention, if they are willing to get involved of course. Comment by Pauline Salisbury posted on on 20 June We have lived down the end of a lane for nearly 40 years. There are 6 other houses down the lane. Part of the lane is along the border of common land called Retired Common Cornwall. We now know that two cautions have been registered by 2 unidentified co-owners Both of whom we know.
Commons Registry Officer has given us this information. These cautions have stopped us getting an indemnity insurance for the mortgage we want to take out to extend our home here. Can these cautions be lifted?
Can we get right of way by prescription? Neither of these owners have objected to us or any of the other homeowners using the lane. One of the owners, used to live on the lane. We now suspect that these cautions are making all the properties here unmortgageable. I have left a query on the Land Registry site as well. Thank you Adam. I do not know if the land is unregistered I just assumed because most of the neighbours I have spoke to have quoted "no man's land" which from reading the above I understand that this cannot be right.
The Local Council have on a few occasions cleared the passage by the intervention of our local Councillor by working with the Restorative Justice Group. There is a highways sign at the entrance to the passage showing how wide it is a van could get part way along the passage. The Vendor was a large figure in the local community, what was a rural area had become a Mill town North West - bit of a give away and I have found that our local Heritage Library do have records relating to his family business from the 19th to late 20th century if I feel the urge to look.
It might be best if I check to see if the land is registered, if that is the case what is the process? Comment by ianflowers posted on on 21 June Alan - I'm replying as Adam is currently unavailable. Select the Map enquiry option. Use a nearby road and town name to search, and once you get a map of the area, change the options at the top of the map from Ordnance Survey Map to Birds Eye View. It is possible that you may not be able to refine the online search enough to get a result just for land in question or there is no info showing for the land in which case it is likely to be not registered.
In either case you may want to consider lodging a postal Search of the Index Map application with a suitable plan showing the extent of the land searched to get confirmation. We would then confirm whether or not the land is registered and if registered, provide the title number. Comment by ElizaH posted on on 22 June We live down a country lane that is part BOAT byway open to all traffic and then becomes a bridleway.
The access to our home crosses the bridleway which is also a route used regularly by many vehicles to a light industrial site. This therefore renders our access illegal. We understand that you can apply to the highway agency? Is there any way of doing this in the absence of any record of ownership of the bridleway?
Comment by AdamH posted on on 25 June Comment by ElizaH posted on on 25 June Comment by Lesley Davies posted on on 25 June Hi, we own a terraced house in a row of four.
A lease dated for a period of years covered all four properties. In Jan before we purchased the property the freehold was purchased and we hold Title Absolute deeds. Our neighbours purchased their freehold in and also hold Title Absolute deeds BUT also hold Title good leasehold. Why would it be that we only have Title Absolute deeds please?
What would we need to do to also hold Title good leasehold - would we need to establish the current owner of the lease and if so would their be a way of tracing this back through the title held by our neighbour as it relates to the same original lease?
We are experiencing difficulties in selling the property because the Charges Register on our Title Absolute makes mention of this lease. Comment by AdamH posted on on 26 June Lesley - I note that you have also contacted us using our online contact form and provide specific details. Our support team will consider your emails and respond as appropriate.
Comment by David Round posted on on 12 July Now they have warned me I will be trespassing if I attempt to remove the vegetation!! What can I do! I feel I am being stiched up here! Comment by AdamH posted on on 13 July David - it's legal advice you need here. If you are looking for wider online comment or suggestions then online forums such as Garden Law can be useful resources but it is very much legal advice you need as to what rights you may have.
Comment by Sue O posted on on 18 July There is a strip of land opposite our house, which is in a terrace, where we and our neighbours keep our bins. This has been going on for at least 22 years without any problem until recently, when we have had letters from the Town council asking us to move them. The latest letter says that they have had complaints from neighbours saying that it makes the street look untidy, but we think it is one neighbour whose house has just gone up for sale, and also the reason for missed household waste bins not being emptied which previous contractors never did.
This is the third explanation for the letter. A neighbour queried the first letter with the council and they said to ignore the letter as it was aimed at one particular house, but could not single them out. When we received the second letter it mentioned that their contractor was unable to cut the grass and strim hedging, which was being carried out in behalf of the landowner. When asked who the landowner is they admitted they didn't know who it was, this strip of land hadn't been signed over to anybody, and couldn't do anything to make us move our bins.
When I phoned regarding the latest letter and requested who the landowner is they said it was the developer still owned the land, and they have written to them asking if they can take it over. The name of the developer she gave me appears in the map, but in the deeds it gives another company's name.
During the conversation I felt the person I was speaking with was making comments that did not ring true, e. A couple of us have tidied our little areas up. Please advise on our position. Comment by AdamH posted on on 18 July Comment by Anna Smith posted on on 21 July Our house is the penultimate property in a cul-de-sac and is reached via a small joint access way.
On the far side of this, opposite my house, is a patch of shrubs and a cherry tree, approximately 2m square in area. If anything, the tree is closer to the end of the cul-de-sac, than to our property. In the past couple of years the cherry tree has bolted and is starting to overlap into the boundaries of properties in a different street. The neighbour at the end of the cul-de-sac has caused trouble by telling the others that it is our responsibility to maintain this patch of land and they are all now being downright rude to us.
Am I just being ignorant and should I be maintaining this land? Please can you advise me what to do? Comment by AdamH posted on on 23 July Anna - you are not being ignorant. If you are an adjoining landowner you may have rights to lop branches for example or to take action but I am not aware that those rights then make you responsible for maintaining the land.
Comment by Louise posted on on 23 July There is land in front of my house with a very large tree growing on it. The tree overhangs my wall. I have been told the land is owned by the crown and the tree has a protection order on it.
Louise - if there is a TPO against the tree then you should contact the local authority to confirm. Comment by Iain F posted on on 26 July WE are hoping to buy a house with an unregistered no-through path next to it. The current owners have applied for adverse possession. Their initial application was turned down and they have appealed.
If adverse possession is granted does anyone have a right to come along and contest it in years to come? Do we have the right to turn it into full possession later?
Thank you for your help! Comment by AdamH posted on on 26 July Iain F - there is nothing to stop someone contesting it but very much something to discuss with your solicitor as the law around adverse possession is a complex one. It is not a law we can advise you re what your rights or that of someone else might be.
Comment by Jacqui posted on on 27 July Hi I wonder if you can advise. We are trying to buy a property that has a separate garden. The garden is just over a narrow lane in front of the house behind a stone wall.
Many years ago the local farmer gave the owners an additional piece of land to the front of the original and it was added to the title deeds. The current owners have now been using this land for nearly 40 years. However when the title plan was sent to us to sign we noticed that a strip of land that has a stream running through it between the original piece and the piece the farmer gave them was not included in the title plan.
We queried this with our solicitor and she contacted the land registry and was told that the strip was not registered. Not sure how we proceed. Solicitors seem to be taking ages to come up with an answer and it is holding up the sale.
Would be grateful for any advice. Thanks Jacqui. Comment by ianflowers posted on on 27 July Jacqui - I'm sorry to hear of the difficulties that you are experiencing. The solicitors acting are best placed to consider how to deal with this. Where an owner is effectively not holding legal title to land that they claim to own, the legal and registration process to resolve this can be quite involved and sometimes there are unavoidable delays. Each request is treated on its merits and solicitors can generally apply for this electronically via our business e-services.
Comment by Alan Harford posted on on 27 July Hi there, I am in the process of purchasing a house. The searches have flagged up that there is an area of land which is used by the property but not registered to it. The area of land gives access to the properties courtyard garden through the rear, giving access and off-street parking.
It's believed this land is not owned by the next door neighbour and the previous owner. We can't tell who amended this and if the property was sold like this to the previous owner as they are no longer alive.
Alan - Hi. You mention searches - would these be the pre-completion searches submitted by conveyancers, such as solicitors? In which case they would best placed to make enquiries and advise how to proceed. If you wanted to make enquiries yourself, you may be able to get information online if the area of land is registered with us.
Use a nearby road name to search, and once you get a map of the area, change the options at the top of the map from Ordnance Survey Map to Birds Eye View. Once you decide which one you require and click Purchase, you will then need to register yourself as a new user. You will require a valid email address and a password for this. Register yourself as a user and then follow the process for payment.
Once the payment has gone through, the title register giving the registered owner that you have purchased will be available in PDF format for you view. You will need to save the document on your equipment if you wish to retain it for future reference. If the property is not registered, we would not be able provide any information as to the ownership.
Comment by Helen posted on on 03 August Hi - our solicitors are currently trying to sort out an issue on a part of a garden which appears to be unregistered but we have had in the family for 45 years fenced and maintained - the Land Registry have said they need to carry out a survey - I'm not sure exactly what this entails but as its holding up a sale could you tell me what it consists of, why it is required and how long it takes for this to be done as we are selling the house and we can't do anything until we have an answer of what the outcome is?
Comment by ianflowers posted on on 03 August It appears that the application is on the basis of Adverse Possession, commonly referred to as 'squatter's rights'. Applications for registration based on adverse possession are one of most complex types of applications that we deal with, requiring the consideration of senior staff and the process involves a number of stages. It is normal practice for us to ask Ordnance Survey to carry out an inspection of the area s which the applicants wished to register.
This is required as we need to assess that the statements made in support of the application to demonstrate possession of the land give the complete picture. So therefore, we arrange for a surveyor to inspect the land and to see their report before we can assess the application further. It is difficult to put a timescale on this process but it does involve notifying the parties concerned, before the visit takes place. This will ensure that the application is progressed through each stage as quickly as possible.
Please also be mindful that there may be there may unavoidable delays in processing the application. For example, we will normally need to give notice of the application to any person who, from the information available or from our local knowledge, may have an interest in the land. We then have to wait for the time period relating to the notices we have served to expire. We may also need to raise queries with the solicitors lodging the application and wait for their replies. Comment by Helen posted on on 07 August Thanks Ian - more information in this than I'd been able to find out - one question I do have is if the land is unregistered will there be anyone to serve notice on?
The fence has always been in the same position for 45 years and there are no properties which border the land. Comment by ianflowers posted on on 07 August You're welcome.
As mentioned, the way these types of application are considered can be quite complex, but generally speaking, the statutory declaration is the basis of the application and then a survey is generally required to assess the position on the ground to ensure that the statutory declaration gives the full picture.
Where notice is served this is usually on adjoining or adjacent owners who may have interest. In the circumstances you describe, it seems unlikely we will need to serve notice, but the decision is made at the time the application is considered and processed so I am unable to give any confirmation or guarantee at this time. Comment by ShaunR posted on on 08 August We are having a problem with a piece of land to the front of our house. We bought the house in and our then Solicitors advised that the front yard the land in question wasn't registered and we should apply for adverse possession.
They completed all of the necessary statutory declarations from neighbours saying it had been occupied by the previous owners for the necessary 12 years. This is now causing us serious delays in our sale as our buyers insist on having absolute title which we could have applied for had the adverse possession been registered in as we have continued the occupation for 17 years. We are now being advised that the 'clock was never started' for claiming absolute title and the best we can get now is an application for just adverse possession.
Is this right? Comment by AdamH posted on on 09 August ShaunR - that is correct in so far as any application now is very likely to result in a possessory title being awarded. It is possible for absolute title to be awarded but it would be very rare, normally only when your registered title surrounds the land being claimed for example. Comment by ShaunR posted on on 09 August Thanks Adam No surprise our original Solicitors went belly up Whilst it can be done quicker than 12 weeks you need everything to align perfectly and it to all be in order.
As you already appreciate if it had been done way back when then Comment by MickyM posted on on 17 August Is there a way to be alerted on change of property ownership? There is a derelict retail unit nearby; former owners in administration. We would like to be alerted when it is sold. I suppose we could repeatedly obtain a register copy, until it finally lists a new owner. But that would be tedious, haphazard, and expensive over time. Is there something like a 'caveat' that can entered at the Registry, which would warn when ownership change occurs?
Other government registries - e. As, apparently they do in some overseas property registration authorities. Does the UK Land Registry offer a similar 'alert' facility, please? Or is there an alternative mechanism? Comment by AdamH posted on on 17 August Comment by Laura Petts posted on on 19 August There is a piece of land between 2 terraces, our house attached to this piece of land.
I have searched to find out the registered owner of this land - unfortunately it is unregistered. From my research I believe the land was probably owned by a coal company which has long since dissolved, the land was then passed on an estate company, this also dissolved a long time ago. Currently some people from the area will use the land occasionally as a walk way, however they do not maintain the area, and allow their dogs to foul there and not clean it up.
I don't know what more we can do to try and locate the owners, what should our next step be? Comment by AdamH posted on on 20 August Laura - it reads as if you have established who the owner may have been so if it was a dissolved company then it can pass to the crown. Research the term 'bona vacantia' and get legal advice on what your options are. If you have a reason for trying to find the legal owner then discuss that with the legal adviser as well to see if other options exist.
Comment by RobertA posted on on 21 August A paved public footpath, with street lamps, runs along the boundary of my house, separating my house and my neighbours house from heath land. The heath belongs to the City of London but neither they nor the local council accept ownership of this path. The footpath is therefore likely to be unregistered land. How can I establish who is responsible for maintaining this footpath?
Comment by AdamH posted on on 21 August RobertA - I'd suggest following the advice in the blog article and see what local knowledge exists and who built the houses and presumably the footpath. As it's unregistered finding the legal owner is very much down to your own detective work. Comment by RobertA posted on on 27 August The houses were built over years ago and there is no information available as to who built them or whether the footpath was constructed at the same or a later time.
There is no relevant local knowledge. I am happy to do some detective work but where do I start? Comment by ianflowers posted on on 28 August Difficult to say what may be the best place to start - possibly contact your local authority again as given there are street lamps, it would appear to indicate that the LA have, or have had, some involvement, albeit that they may not have information on the legal owner.
Comment by Sue posted on on 28 August We have an alley at the back of our property with access via our back gate. It used to lead to allotments but in the s a school was built on the allotment site. So the school fence is one side of the alley and our, and our neighbours, on the other. The school says they don't own the land. Neighbours who've lived here for 30 years plus say no one has owned the land. Us and our neighbours keep the bushes trimmed and nettles cut down as the alley gives us access to the field and woods beyond the school car park and building.
The local council don't know who it belongs to either! Some neighbours have already taken the alley as theirs and extended their back gardens. Can we do this? This alley doesn't show on the deeds of our property or OS maps. Comment by AdamH posted on on 29 August Sue - land can be claimed and our PGs 4 and 5 explain the registration process. But it's really legal advice you need on the legal complexities re such claims and how they are treated by the law.
Comment by Sue posted on on 03 September Thanks Adam. First approach to a solicitor we were advised we needed a surveyor. The problem is that official documents don't show the alley at all! It looks like the school boundary goes right up to our residential boundaries so officially there is no land to transfer!! Comment by AdamH posted on on 04 September That should assist you with regards next steps also.
Comment by Helen posted on on 24 September We are currently going through an adverse possession request with Land Registry and an Ordnance Survey Surveyor will need to visit the property.
This is fine as we were advised of this when applying. We have been advised that Land Registry are under an obligation to enter the value declared for the property and our solicitors have asked us to provide them with an estimated value of the Land - what exactly do they require? Is it the whole property of just the value of the land which is being questioned - the land has been fenced in since so I'm not sure how we go about this?
Comment by AdamH posted on on 24 September Helen - I imagine it is a valuation with regards the land that is being registered, which is needed. The statement as to the value doe snot have to be by anyone other than the applicant but it's important to be as accurate as possible so you may need to enquire of a land agent or surveyor for example as a guide.
Comment by AdamH posted on on 25 September Comment by Anita Simmonds posted on on 29 September Comment by AdamH posted on on 01 October Anita - we register the land so you can still search for registered details online or make a postal search of the index map instead. Comment by Anita posted on on 01 October Comment by Emma smethurst posted on on 08 October Hello my parents bought a house approx 8 years ago, in order to access the house you have to cross a small gravel car park.
They are currently in the process of selling the house and right of way has been brought up by the prospective buyers solicitors. Frustratingly it wasn't picked up by my parents solicitors when they bought the property.
The house was only built within the last 15 years so Eoukd right of way had to be sought in order to get planning permission? Or how can we find out who owns the land? There is a village pub across the road and the landlord seems to think it might belong to him?
How can we beat find out? The council have said it isn't their land despite them maintaining upkeep of the fence around the car small area.
Any help is gratefully received thanks. Comment by ianflowers posted on on 08 October Emma - these sorts of enquiries would normally be made by your parents' solicitors as part of the sale process. But if you wanted to check the ownership yourself, if the land is registered with us you may be able to do this online via our service on Gov.
As your search relates to a piece of land, select the Map enquiry option. Once the payment has gone through, the title register giving the current owner or title plan that you have purchased will be available in PDF format for you view. Planning permission and the registration of rights and interests in land are separate and distinct and so this issue may not have arisen when permission was granted.
But further enquiries can be made with the local authority involved. Comment by Tim posted on on 18 October Hi there, This is a great guide and I have found the registered owners using a search for a planning application for the local council. I need to check both Land Registry and the Title to see what it says about the use of the land. But the thing is, I've identified the owner and now what? I still can't get the info I need as there is nothing registered so I'm in limbo, or is there anything else I can do?
It's a catch 22 as far as I can see! Comment by ianflowers posted on on 19 October Hi Tim. Thank you for your kind comment about the guide. In which case, as you've said, we will not hold any details of any rights or other interests in relation to that property.
Presumably, you have already checked your own property's title as this may assist in determining what rights your property may hold over the land. There may be a need to discuss the situation with the parties involved on the ground if this is possible. You may also want to consider seeking independent legal advice, for example, from a conveyancer, such as a solicitor, who will be able to advise as to the legal position and the options open to you.
Comment by IMuzz posted on on 29 October I have just purchased my next door neighbour's property to prevent the over development of the small lane I live in by a local developer. There are three houses in our lane, mine being the middle one. It has been fenced up to the entrance to it and exclusively maintained since the 's but I have been told by my conveyancer it is actually an unregistered parcel of land and outside the marked boundary of the property.
We have lived next door for 12 years and our other neighbour for 33 years so can verify it's sole use. The original owners niece also has been visiting the property for over 50 years and confirms it's sole use and maintenance over those years. I guess I am asking if this can be the basis of an application to register the land and incorporate it into the plot of the LR boundary? Comment by ianflowers posted on on 30 October IMuzz - you're are referring to claiming land by possession rather than title deeds, commonly referred to as 'squatter's rights'.
This a very complex area of the law and a number of issues come into play. Comment by Figo posted on on 04 November We recently purchased a property, that was inherited and registered for the first time in The previous owners purchased and lived in the house from to There is a garage on a plot of land about yards from the property which a close relative of the previous owners has told us was used by the previous owners.
The garage has clearly not been in use for many years. As the purchasers of the house assuming the previous owners of the house did actually own the garage, does the garage now belong to us even though it is not mentioned on the title deeds? How can we confirm who the owner of the garage and plot it sits on is as it doesn't seem to be registered?
Comment by ianflowers posted on on 05 November If the land on which the garage is situated isn't registered, as mentioned in the blog, we won't hold any information on the owner and you'd need to try the alternative sources mentioned. If you do not hold any deeds showing title to the land, then another possible option would be to look into the claiming the land by adverse possession, commonly referred to as 'squatter's rights'.
This is a very complex area of the law and if you're unsure how to proceed, you may want to consider getting independent advice, for example, from a conveyancer such as a solicitor. Comment by Cath posted on on 04 November Beside my house there is piece of land beside a river. There is a path along the land that has been used for generations for access to my cottage and another cottage. I thought that my neighbour had bought the land right up to the river when he built his house about 15 years ago.
He has recently informed me that he registered land only up to a boundary wall which he rebuilt at the time. Although he thought he had purchased the land right up to the river, is not currently registered to him or anyone else. Who is responsible for the land and therefore the river bank and the trees on it? Who would pay the costs if, for example the wall along the river bank collapsed or the trees fell on neighbouring properties. Hide this message. Home Housing and local services Owning and renting a property.
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