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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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Due to the confusion about plots 2, 3 & 4 - which the Council

Customer Question

Due to the confusion about plots 2, 3 & 4 - which the Council owned/had deeds for or not - I sent them a letter
1) I stated thanks for confirming that you do not OWN the remainder of the land
To which they responded that they had never said they do not own the land, just that they did not possess any deeds for it - what am I to make of this response?
2) I sent them an OS maps with the "remainder" land outlined in Red - just like the LR do (plots 2 & 3).
They responded by refusing to confirm or deny that the land for which they did not have deeds corresponded (even broadly) with the plot (in this case 2 & 3) I had outlined - they stated that I would have to get the boundaries plotted by a surveyor with reference to the title deeds - is this really an obligation - can I not just reference the land that they already have registered at the LR (plot 4) and the land that they are applying for 1st registration for (plot 1) and ask them if they have any deeds for the land inbetween these 2 plots?
Should I put in a separate FOIA request for this - or just ask it as clarification of my 1st FOIA request?
3) They refused to send a surveyor to mark out the sites they hold unless it was "deemed appropriate and for its own purpose" - obviously leaving the line unclear leaves us all wide open to conflicts in the future. Maybe the High Court Declaration (threat of) would "clarify minds" here - if only I could find out how to make such an application - I have not been able to get any information from the courts, google or your colleagues so far - not even the number of the form I am supposed to fill out. I tried a couple of "bricks and mortar" solicitors, but they had no knowledge of such a thing... I'm lost here - can you not help?
Look forward to your resonse as always
Andrew
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer : Hi Andrew. It's going to be tomorrow afternoon before I can fully respond. Hope that's ok. WB.
JACUSTOMER-wf2ih2bd- :

Great - no rush

JACUSTOMER-wf2ih2bd- :

PS: plot (4) - the LR phoned me yesterday to say that the 4 previous owners (before the Council CPOed the houses and knocked them down) had themselves APed these properties - they had been tenants when the landlord stopped collecting the rent (presumably died) in the late 1950's. They stayed in the houses without paying any rent and after a couple of decades started one-by-one to get them registered in their respective names one-by-one at the LR - but the LR did not feel that the residents of the outer 2 houses had really (intentionally, factually etc) possessed their gardens and so refused to register these gardens - so the 4 houses and only 2 inner gardens are registers and so now owned by the Council - leaving the neighbours each side (us on one side and a friend on tyhe other) to AP these "spare" gardens. I have also identified 2 houses that are being squatted in at present - it seems that the area is rife with APers!

wingrovebuyer : Hi - available earlier than I thought (but out from around 11 am).
wingrovebuyer : Answers to questions:
wingrovebuyer : 1. My response would be for them to confirm once and for all whether or not they say the own the land. It is not unreasonable for you, as the occupier of the land, to demand to see proof of their ownership. If they don't have any deeds, ask them on what grounds they claim to own the land, given the fact you are in possession of it. Be careful not to acknowledge their "ownership" in any way, however. Say that without any evidence of an interest in the land, why should you listen to them and why should you have to tolerate their Harrassment further? If you're feeling brave, why not invite them to take legal proceedings for recovery of possession from you? This would force wir hand. The danger is they do, and they succeed - however, they'd need to convince a court to do this, and with no evidence of ownership, they must surely struggle to achieve this.
wingrovebuyer : 2. Yes - force them to do this, they are just trying to irritate you. Don't fall for it.
wingrovebuyer : 3. I'm not a litigator, I'm a property lawyer, but my understanding is that you can complete Form N1 and submit this to the court you want to use, even the small claims court. Instead of asking for money, you ask for a Declaration that the council does. It own the land.
wingrovebuyer : Hi Andrew. If the above is ok, can you leave a rating please?

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