• Claiming Ownership Of Waste Land

    By Guest on 30th Dec 2013

    live in N11 ( London – Firen Barnet area)
    Next to my town house there is a small piece of land which does not belong to any one
    It is not at maintained and is over growing and making it a security issue as well ad foxes and mice infestation etc
    This is making it very undesirable place

    I wish to reclaim this land and make a decent garden \ outhouse there and clean up the area

    Can you please let me know how I can reclaim this land and make it MINE so that I can make decent use of this unused land.

    It does not belong to any one

    I have for some time built a small fence using some bushes and pot plants but the over growth is now taking it all over

    I have looked at the form
    “Public Request to Order Disposal - Request Form”
    But I am not sure this is the right type of form for me

    So in summary :
    1) How can I claim small piece of land next to my property – where the empty land is becoming an eyesore etc
    2) How do I legally take the ownership of this land

  • 5 Answers

    By Guest on 31/12/2013

    Hi,

    You say that no one owns the land, and I understand what you mean by that, but in reality every square inch of land in England is owned by somebody, so the first thing to do is to try and establish who does own it. To do that, you need to check if the land is registered with the Land Registry. This can be done via a Search of the Index Map. It involves obtaining an Ordnance Survey map which includes the land, marking the extent you are interested in and sending the map to the Land Registry with the appropriate form so that they can search their records to see if there is a title number attached to the land. If there is then by ordering a copy of the register for that title number you can establish who owns it and can contact them to see if they would be prepared to transfer the land to you or otherwise whether they would prepared to clean it up.

    You can order a Search of the Index Map via our sister site, http://land-registry-documents.co.uk. You will first need to order a copy of the title plan for some adjacent land - it is probably best to use your own property. If you then print the plan and edge the boundary of the land you are interested in an email it back to us we can make an application based on the plan. The cost of the plan will be £11.95 and the cost of the search will be £14.95. You can also make the application directly with the Land Registry.

    If the search reveals that the land is not registered then you would need to fence it off so that it becomes physically part of your garden. Only after toy have fenced off and occupied the land as though it were your own for a continuous period of 12 years can you make an application to the Land Registry to be registered as the owner. This is called an application for registration based on adverse possession. You will need to provide the Land Registry with a sworn statement confirming your use of the land for at least 12 years and they will probably want to inspect it. If they are satisfied that you have complied with the conditions for adverse possession they will register you as the owner.

    If the search reveals that the land is already registered you may still make an adverse possession claim however the Land Registry will write to the registered owner and if he or she objects your application will be rejected. You only need wait 10 years before making an application in respect of registered land.

    If you choose to fence off the land and you subsequently carry out works to it before you are registered as the owner, should the true owner surface you could be ordered to reverse any "waste" (which includes improvements) which you cause. It is therefore probably unwise to build any permanent structure such as the outbuilding you mention.

    Regards

    Admin

  • By Guest on 31/12/2013

    Hi,

    You say that no one owns the land, and I understand what you mean by that, but in reality every square inch of land in England is owned by somebody, so the first thing to do is to try and establish who does own it. To do that, you need to check if the land is registered with the Land Registry. This can be done via a Search of the Index Map. It involves obtaining an Ordnance Survey map which includes the land, marking the extent you are interested in and sending the map to the Land Registry with the appropriate form so that they can search their records to see if there is a title number attached to the land. If there is then by ordering a copy of the register for that title number you can establish who owns it and can contact them to see if they would be prepared to transfer the land to you or otherwise whether they would prepared to clean it up.

    You can order a Search of the Index Map via our sister site, http://land-registry-documents.co.uk. You will first need to order a copy of the title plan for some adjacent land - it is probably best to use your own property. If you then print the plan and edge the boundary of the land you are interested in an email it back to us we can make an application based on the plan. The cost of the plan will be £11.95 and the cost of the search will be £14.95. You can also make the application directly with the Land Registry.

    If the search reveals that the land is not registered then you would need to fence it off so that it becomes physically part of your garden. Only after toy have fenced off and occupied the land as though it were your own for a continuous period of 12 years can you make an application to the Land Registry to be registered as the owner. This is called an application for registration based on adverse possession. You will need to provide the Land Registry with a sworn statement confirming your use of the land for at least 12 years and they will probably want to inspect it. If they are satisfied that you have complied with the conditions for adverse possession they will register you as the owner.

    If the search reveals that the land is already registered you may still make an adverse possession claim however the Land Registry will write to the registered owner and if he or she objects your application will be rejected. You only need wait 10 years before making an application in respect of registered land.

    If you choose to fence off the land and you subsequently carry out works to it before you are registered as the owner, should the true owner surface you could be ordered to reverse any "waste" (which includes improvements) which you cause. It is therefore probably unwise to build any permanent structure such as the outbuilding you mention.

    Regards

    Admin

  • By Guest on 09/06/2017

    I have maintained and looked after a small area of ground outside my boundary and parked my carsfor 18 years and beleave it is not owned by anybody,Do I still have to fence it for 12 years before trying to register in my name.

    Many thanks

    Paul






  • By Guest on 16/01/2018

    Can you use reclaimed land for business use once it is in your name

  • By Guest on 16/01/2018

    Can you use reclaimed land for business use once it is in your name. A piece of land at the back of our house has been claimed and is know being used for shooting. Is this legal.

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