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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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Approximately 40 years ago my parents moved from their freehold

Resolved Question:

Approximately 40 years ago my parents moved from their freehold property which was subsequently demolished. Is the land still owned by the family?
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Can you explain your situation a bit more. Why was the land demolished? Who arranged for it to be demolished?
Kind regards,
Tom
Customer: replied 2 years ago.

the land was not demolished .but the house was by the local council.

The surrounding land was owned by the forestry commission.

Expert:  Thomas replied 2 years ago.
Hi,
Why did the council demolish it? Was it unsafe?
Kind regards,
Tom
Customer: replied 2 years ago.

The house was not unsafe but was surrounded by newly planted trees. My parents were rehoused in council property.

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If your parents owned a freehold property then they owner the legal title to the extent of land on which the property was based. The extent of the land owned by your parents would have been shown on either the land registry plan to the property (if the land registry registered – as almost all land is now) or on the plans attached to the old deeds (conveyances etc – if the land was unregistered.
The only way that they would not have the legal title to the land now is if they themselves sold it, or if it was sold under an order by a court (eg. if it was subject to a compulsory purchase order for example).
You do not lose the legal title to land just because the buildings are demolished.
However, if it is the case that the land was subject to a compulsory purchase order by the local authority for some reason then the land would have be transferred to the local authority and your parents would have received compensation. If this happened then they would not have an interest in the land any more.
I would carry out an index map search of the land where the property was by submitting Land Registry Form SIM to the Land Registry district where the property is based. They will tell you which title the property is registered under and you can then download the title and find out who owns it.
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
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7569
Experience: UK solicitor holding an England and Wales practising Certificate.
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