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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I have lived in a property for 21 years, which was a residential

Resolved Question:

Hi, I have lived in a property for 21 years, which was a residential post for the first 11 years then i was made redundant. I was asked to maintain the property without any contract or tenancy agreement. I tried to buy the property in 2004 for but was told i did not need to as the property did not fit into the councils portfolio, so I continued maintaining property without any maintenance from the council. I have never been asked for any rent for 10 years, or asked to vacate but now the council are seeking to claim the house. Do I have any legal rights to claiming the property. Regards.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : To confirm you don't actually own it?
Alex Watts : It does belong to the council?
Customer:

Hi, They are now claiming they are the landlords but originally it was owned by education, who would not take on the maintenance of this property after the school was closed. I was made redundant in 2004. The council would not take the property as a council house, so i was left to maintain it. I have paid all utility & council tax whilst living in the house. I was offered to purchase the property in 2004, as know department would take on the property. I paid £470 in 2004 for a full surveyors report, I still have documentation which was never used as the disregarded the property.

Alex Watts : Have you seem the land registry deeds please?
Customer:

Hi, Yes I'll paste detail of what it say:


Find a property - purchase documents
Address:

123
Durham Road
Stockton-on-tees
TS19 0DE

 


Tenure:

n/a




Price Paid/Value Stated Data:
n/a


Sorry, we do not have a record of any titles for this property. This does not necessarily mean that the property is unregistered.

Alex Watts :

You need to ask your Solicitor for the deeds etc.

Alex Watts :

If it says that the drive is shared and that maintenance is to be shared then yes you do

Alex Watts :

But generally shared facilities such as driveways are usually shared cost

Alex Watts :

But you need the deeds to confirm this, so should ask your Solicitor.

Alex Watts :

If they do confirm then you should ask for payment

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


 


If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.


 


Can I clarify anything for you about this today please?

Customer:

Hi, I'm confused by your message with regards XXXXX XXXXX drive? I am querying the house that I live in.

Alex Watts :

Sorry my fault, I thought I had a reply to a very similar question on shared drives.

Alex Watts :

So you don't actually know who owns the property?

Customer:

Hi, After 10 year of living & maintaining this property, the council are now stating that they are the landlords. We have maintained the roof, electrics, gas safety etc. Do we have any rights claim to this property.

Alex Watts :

In short no

Alex Watts :

This is because unless you purchased the property it will never be yours

Alex Watts :

You could try and seek adverse possession, but until it is your name it does not belong to you

Alex Watts :

You would need to show you have occupied for 10 years excluding all others which you have

Alex Watts :

You would then make an application to the land registry for adverse possession

Alex Watts :

They would notify the owner who would have a limited time to object

Alex Watts :

If they do not object then you can register the land as yours

Alex Watts :

If the owner objects then your claim automatically fails

Alex Watts :

For more information on the process please see:

Alex Watts :

If the land is registered:

Alex Watts :

http://www.landregistry.gov.uk/professional/guides/practice-guide-4

Alex Watts :

If the land is unregistered:

Alex Watts :

http://www.landregistry.gov.uk/professional/guides/practice-guide-5

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

Hi, I'm not sure if you got my last message. I was wandering if we would be entitled to any compensation to re-house & much notice would they have to give?

Customer:

Thanks

Alex Watts : Sadly no, not unless you suffered a loss.
Alex Watts : in terms of notice you would have at least 28 days.
Alex Watts : Does that clarify?
Customer:

Yes, Thankyou.

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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