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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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There is land I paid a pepprcorn rent for from the National

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There is land I paid a pepprcorn rent for from the National Coal Board - who have left the land derelict over 25years - I have now converted this land in to a garden. Do I have any rights to claim ownership.
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
I am afraid the fact that you have paid a peppercorn rent means that your occupation of the land has been consented to by the NCB. This effectively means that you cannot claim adverse possession.
The only way you would be able to claim ownership is by agreeing a sale/or long lease with the NCB or you stop paying rent and occupy the land for the next 12 years without consent.
Do you know for certain the NCB owns the land?
Kind regards
AJ
Customer: replied 2 years ago.

Hi Alex

No I don't know for certain who owns the land now - it sits on the site of the old North Gawber Colliery (S75 6??) and associated land has been sold the housing development.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Who do you pay the peppercorn rent to?
Kind regards
AJ
Customer: replied 2 years ago.

Hi Alex

I have had no contact with the owners since 1994 - and have paid no peppercorn rent over that period. I used to run a business from the site but after retiring converted the land in to a garden, and have occupied it over that period without consent.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
That makes things slightly different.
You may have grounds to make a claim for adverse possession on the basis that you have occupied the land without permission for 12 years. https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land
The process involves filing a Form ADV1 at the Land Registry along with a Statement of Truth and Statutory Declaration. This is not a straight forward process and really is dependent on a matter of fact. I would strongly recommend that you ask a local solicitor to make the application for you to ensure the best chance of success.
I look forward to hearing from you.
Kind regards
AJ
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