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Ask wingrovebuyer Your Own Question
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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a strip of highway adjacent to my property has been sold to

Customer Question

a strip of highway adjacent to my property has been sold to my neighbour under a bona vacantia transaction my solicitor has said that the land does not fall within the DN number that the dissolved company had title to. There is no evidense from the official register entries or the coloured filed plans applicable to the DN number that the land did fall within the title number. My solicitor has stated to the Treasury Solicitor that the land was conveyed in 1973 by virtue of ad medium fillum and vested in my title number, the neighbour now has it registered in their name How can land registry have registered the land to my neighbour when the official filed plans and official register entries do not show the land falling within the title of the Dissolved company

Submitted: 4 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 4 years ago.

wingrovebuyer : When you say "DN" is that the beginning of the title numbers in your area?
JACUSTOMER-72git3hv- :

Yes that is correct for example DN327712 (this is only an example)

wingrovebuyer : Thanks. Presumably you are not saying that the land is in your own registered title? Is your solicitor saying that it belongs with your title due to the ad medium rule, even thought may not be registered in your title? Sorry for the questions, but I need to clarify things in my own mind.
JACUSTOMER-72git3hv- :

Yes that is correct my solicitor has stated from all the information and evidene we have that it was vested in my title in 19973 the land and our property was originally registered under the same parent title number being owned by the same person and our conveyance was a general conveyance in other words it did not state on our title deeds that the land (highway) was excluded

JACUSTOMER-72git3hv- :

from our title our property was registered first prior to our neighbours the highway and our property are both annexed together behind a concrete retaining wall so of course the retaining wall would have been built first and then the highway would have been constructed

JACUSTOMER-72git3hv- :

our neighbours ground level is well below our ground level and the highway level because the properties are built on a slope hope you understand my explanation the higway land has not been used since 1993

wingrovebuyer : Thanks - and the highway land wasn't in the ownership of the forner company owner when it went bust? If that's the case, I also don't understand how it can have been sold as bona vacantia unless it was lumped in with the land after the company was dissolved, on the basis that they didn't think anyone owned it. You obviously have decent evidence of ownership. Has your solicitor suggested applying to Land Registry to amend the title? Who is in actual possession of the land, or is it still open highway?
JACUSTOMER-72git3hv- :

The company that owned the land originally also owned the land my property originated from as stated above all under the same DN number.

JACUSTOMER-72git3hv- :

Not sure if you received my last reply!

wingrovebuyer : I did, but I still need to know who is in possession of the land now, or if it is open highway. Thanks.
wingrovebuyer : You say it hasn't been used since 1993, so what is theis land now used for?
JACUSTOMER-72git3hv- :

The land is enclosed within my garden

wingrovebuyer : Thanks. I think you have very strong grounds to apply for rectification of your title with Land Registry. But presumably your solicitor has tried this?
wingrovebuyer : Hello. Do you require further help?