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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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My father has given me part of his house and garden which

Resolved Question:

HI
My father has given me part of his house and garden which we have built a side extension to form 2 semi detached properties (my one comprising of 1/3 of his and the new part and his part is the remaining existing house). This forms 2 , 3 bedroom houses. There is also a strip of unclaimed land we need to register which we have had constant use off for over 33 years (this was a former hospital brown field site and 5 years ago was developed into a housing estate ).
I need to know the processes and what I need to do to resolve these issues asap.
Regards Saull
Submitted: 1 year ago.
Category: Property Law
Expert:  wingrovebuyer replied 1 year ago.
Hello. When you say unclaimed, do you mean that it is not registered at Land Registry? Regards, WB
Customer: replied 1 year ago.

HI yes that's right

Regards Saull

Expert:  wingrovebuyer replied 1 year ago.
Thanks. Well, if your father and now you have had exclusive possession of this land for 33 years, you can now apply to Land Registry to claim possessory title to it. To do this, ideally you need a solicitor to assist because although the application forms are fairly straight forward, such applications usually require evidence in the form of Statutory Declarations, which must contain certain information. There ought to be one declaration by your father as to his use, and one by you as to yours, since the split of the property. You'll need to confirm (between you and your father) you've had exclusive possession for more than 12 years and that this has been without consent from the paper owner. Once Land Registry gets the application, they'll send out a surveyor to check what you've said is right and, if it is, you'll be granted a possessory title. This can be sold or leased as with any other title, and upgraded to an Absolute Title after a further 12 years. Best, WB
Customer: replied 1 year ago.

HI thanks for the reply, just a couple of things

Does this all full under one application to the land registry or would the land need to be claimed first.

Also im an architect by trade so would the land registry require detailed drawings of the separation of the property ?

When you refer to the paper owner would that be my father im sorry im a little confused ?

Best wishes Saull

Expert:  wingrovebuyer replied 1 year ago.

Hello. The registration application would include the land claim. Again, I suggest you use a solicitor who can organise the application for you.

Land Registry will require plans showing the land gifted, and the claimed land. If your father has not signed a Transfer of the gifted land yet, then you will need the plan for that, and the solicitor will do the transfer itself. Again, this should include the claimed land - your father is transferring land he owns plus his possessory interest in the claimed land.

The paper owner is whoever the claimed land actually belongs to. It must belong to someone, but provided your father and now you have occupied it in the way you describe, you will be able to claim ownership of it, in place of the unknown paper owner.

Best, WB

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