Advice on land

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Advice on land

Postby robobidwell » Mon Aug 07, 2017 7:36 pm

Hi there,

Its my first time on here and would like some advice.

I'm trying to purchase some land that i took over about 14 years ago, when i last tried they said because the land was owned by a company that went into receivership and now it was owned by the crown, i carried on and then problem i came across was that because there was a few scattered bits of land around the area i would have to take control of them all, is the law still the same now ?

Rob
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Re: Advice on land

Postby MacadamB53 » Mon Aug 07, 2017 8:57 pm

robobidwell wrote:Hi there,

Its my first time on here and would like some advice.

I'm trying to purchase some land that i took over about 14 years ago, when i last tried they said because the land was owned by a company that went into receivership and now it was owned by the crown, i carried on and then problem i came across was that because there was a few scattered bits of land around the area i would have to take control of them all, is the law still the same now ?

Rob
its not the law, it was the crown's preference in this instance - best ask them if that is still their position or whehther anything could be done to change their mind.
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Re: Advice on land

Postby pilman » Wed Aug 09, 2017 1:22 pm

I'm trying to purchase some land that i took over about 14 years ago, when i last tried they said because the land was owned by a company that went into receivership and now it was owned by the crown, i carried on and then problem i came across was that because there was a few scattered bits of land around the area i would have to take control of them all, is the law still the same now ?
For someone to claim that they are in adverse possession of land they have to show that they are in exclusive possession with the intention to possess by excluding all others from the land including the true legal owner.
The Limitation Act 1980 applies to this situation for unregistered land and the normal period is 12 years.
In the case of Crown land the period is extended to 30 years.

The Land Registration Act 2002 provided a new procedure for claiming to be in adverse possession of registered land and discounted the affect of the Limitation Act.

So the answer to your question is that the Limitation Act 1980 is still relevant for unregistered land, which means that you can apply for registration as owner of land you have possessed for 12 years, as long as it is not Crown Land held by the Treasury Solicitor as "Bona Vacantia" which is the legal term for what happens when a limited company is dissolved when it is still the owner of land. The Crown gets ownership of this "good vacant land" although often the Treasury Solicitor has no idea about that being the fact of ownership after a company is dissolved.

There is no formal procedure whereby someone has to inform the Treasury Solicitor that such land exists.
It is possible to correspond with the Treasury Solicitors department that deals with Bona Vacantia land to ask if you can buy it. You will obviously have to identity that land and provide information about the company that was dissolved, so that the Treasury Solicitor can decide what to do with that land in the light of your request to buy it.

In your posting you use the words "they said".
Does that mean you made an application to Land Registry to be shown as owner of the first parcel of land you occupied? Was it Land Registry that said it was owned by a dissolved company so was Crown land?

Were the other parcels of land you are now occupying also owned by a company that was dissolved, or are they just unregistered land with no knowledge of who is the legal owner?

Provide a clearer explanation of what is the category of land that you now want to acquire and more advice is possible.
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