Claim for land through the land registry.

[lynzmeek]

Hi not sure if I'm posting in the right place here so apologies if I'm not.

 

I don't know if anyone can help but my mum has been living in her house since 1997 and there is a piece of land that she has used and looked after since moving in there.

 

she was a tenant in the house until she bought it around 5 years ago. She has recently tried to claim the land through the land registry (possessor title I think) however she had something back from them saying her landlord from when she was renting would be allowed to claim the title for the land or she would have to start her 12 years wait again from when she purchased the property.

 

Is there anyone that can give some.advice on this as I don't see why her previous landlord could.claim the land when they weren't the ones looking after it.

 

Any advice is appreciated.

 

Thankyou

Edited September 19, 2021 by dx100uk
Spacing

[unclebulgaria67]

Has a check been made with the local Council Authority regarding the land ?

 

Usually Councils will have charts showing the land/boundaries in their area.

 

I know local to where I live there is land with disputed ownership, as documents are missing. There is then a claim process through land registry which you are going through. Because the land was not claimed or part of the property purchase 5 years ago, I believe that land registry are correct, that the landlord would have a 12 year period in which to register a claim for the land. Land registry won't as far as I know actually contact the landlord to make them aware. It would be up to landlord to find out.

 

There may be a process for there to be an agreement made between Mum and landlord now. Depends on how reasonable the landlord is. But there may be a cost involved in this process drawing up legal agreement for landlord to waive any rights to claim ownership of the land.  Seek formal legal advice from someone qualified to see if this is possible and if so how much legal fees would be.

[lynzmeek]

As far as I'm aware the local council don't have any information on the land. I will tell her to get some legal.advice about it. Thanks for your advice it's much appreciated 

[Homer67]

The 'if you maintain land for 10 years it becomes yours' is an urban myth. Chances are the land will be shared ownership or owned by a trust to stop building or closure of it with an easement in place for those that have the right to use it.

[lynzmeek]

Hi sorry 

Just found out the landlord my mum bought the house from has gone into liquidation so she can't even speak with anyone from there. Is there anything else she can do now?

 

[unclebulgaria67]

Even if you had found a contact for anyone dealing with the liquidation, would they be interested ? The landlord may have had no financial interest in the land ?

 

Link on liquidation

 

A guide to liquidation | The Gazette...

WWW.THEGAZETTE.CO.UK

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What happens when a company goes into liquidation? And what is the role of a liquidator? David Kirk, a chartered accountant and licensed...