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Thomas
Thomas, Solicitor
Category: Property Law
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Experience:  UK solicitor holding an England and Wales practising Certificate.
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Land I have rented for livestock for 12 years. After checking

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Land I have rented for livestock for 12 years. After checking with the Land Registry I find it is unregistered? Do I have a chance of claiming it?
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

I’m afraid not, no.

In order to claim it you would have to prove what is termed “adverse possession” to the Land Registry in order to have it registered in your name.

If the land in question is unregistered then you must have been using it continuously for 12 years in order to claim possession of it and be registered as the registered proprietor at the Land Registry

If the land is registered then you need only have been using it continuously for 10 years in order to apply for adverse possession at the Land Registry. Notice of the application will be sent to the current registered proprietor of the land, who is obviously at liberty to object. It is therefore more difficult to claim adverse possession of land that is registered

The problem is that you must have also been occupying it without the consent of the person who does own it. Because you have been renting the land from presumably the owner of it you already have the consent of the owner subject to your rental agreement. For this reason, you would not be regarded as occupying it without the consent of the land owner and would not be able to claim adverse possession and have it registered in your name.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Customer: replied 3 years ago.


I have used the land (four acres) continuously for 12 years. If the Land Registry result states the land is freehold how can the "landlord" take my money? Am I as entitled to claim the land as they are? Thank you

Expert:  Thomas replied 3 years ago.
Hi,

Just because the land is unregistered it does not mean that the landlord does not own it.

All land was previously held as unregistered legal titles - as this is - in the UK previously. The UK then started a system of registered land, which means that each time an unregistered title of land is sold or remortgaged it must then be registered.

A person who owns an unregistered piece of land (ie. by holding the paper deeds in his name) still "own" the land in the same way that a person who has a registered piece of land "owns" the land.

All this means is that the landlord owns land which he has not sold or remortgaged in the past twenty years or so.

Please remember to rate my answer according to it's accuracy once you are finished.

Kind regards,

Tom
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Experience: UK solicitor holding an England and Wales practising Certificate.
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