Unregistered land, and adverse possession

Unregistered land, and adverse possession

Postby ColinG » Wed Aug 16, 2017 6:21 pm

Interesting. I have just moved in to a house that was built is 2013/14. Outside our boundary (between our fence and the public footpath) is a grass area that has always been looked after by the owner of the property. The land remains unregistered and I suspect that it should have been adopted by the local authority and treated as amenity land (much like other roadside grass verges). The fact however is the council have not adopted it and hence its unregistered status and lack of maintenance by anyone other that the owner of the adjacent property.

Is there anyway I can adopt the land for gardening purposes? A nice tree and a few shrubs would make all the difference :)

Thank you.
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Re: Unregistered land, and adverse possession

Postby MacadamB53 » Wed Aug 16, 2017 9:43 pm

ColinG wrote:Interesting. I have just moved in to a house that was built is 2013/14. Outside our boundary (between our fence and the public footpath) is a grass area that has always been looked after by the owner of the property. The land remains unregistered and I suspect that it should have been adopted by the local authority and treated as amenity land (much like other roadside grass verges). The fact however is the council have not adopted it and hence its unregistered status and lack of maintenance by anyone other that the owner of the adjacent property.

Is there anyway I can adopt the land for gardening purposes? A nice tree and a few shrubs would make all the difference :)

Thank you.
assuming this is a thin sliver of land - what most would call a small verge...

have you been given or know of any evidence that rebuts the legal presumption that this land is part of your property?

if you're not aware, the law presumes a property with frontage to a road owns to the mid-point of the road (including any verges/pavements).

before you tell me, I know that the land isn't included on the title plan for your property - that's because HMLR don't include such land as a general rule (not sure why, but they'll have their reasons) - but this is not evidence which rebuts the presumption.

if you need more info or clarification just call HMLR.

Kind regards, Mac
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Re: Unregistered land, and adverse possession

Postby ColinG » Fri Sep 01, 2017 7:13 pm

MacadamB53 wrote:
ColinG wrote:Interesting. I have just moved in to a house that was built is 2013/14. Outside our boundary (between our fence and the public footpath) is a grass area that has always been looked after by the owner of the property. The land remains unregistered and I suspect that it should have been adopted by the local authority and treated as amenity land (much like other roadside grass verges). The fact however is the council have not adopted it and hence its unregistered status and lack of maintenance by anyone other that the owner of the adjacent property.

Is there anyway I can adopt the land for gardening purposes? A nice tree and a few shrubs would make all the difference :)

Thank you.
assuming this is a thin sliver of land - what most would call a small verge...

have you been given or know of any evidence that rebuts the legal presumption that this land is part of your property?

if you're not aware, the law presumes a property with frontage to a road owns to the mid-point of the road (including any verges/pavements).

before you tell me, I know that the land isn't included on the title plan for your property - that's because HMLR don't include such land as a general rule (not sure why, but they'll have their reasons) - but this is not evidence which rebuts the presumption.

if you need more info or clarification just call HMLR.

Kind regards, Mac

Sorry for not getting back - been away. Yes that is exactly what it is. On further investigation, the land in question once formed the entrance to the field on which the property is built - there is still the old slope across the pavement. So it is the entrance way that is not registered, the land either side of the entrance (which is still part of the verge) is registered to the property. The actual entrance to the field was moved when building commenced.
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Re: Unregistered land, and adverse possession

Postby arborlad » Fri Sep 01, 2017 7:20 pm

ColinG wrote:Interesting. .




You really need to start your own thread - not fair to hijack someone elses.
arborlad

smile...it confuses people
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Re: Unregistered land, and adverse possession

Postby ColinG » Fri Sep 01, 2017 8:00 pm

arborlad wrote:
ColinG wrote:Interesting. .




You really need to start your own thread - not fair to hijack someone elses.

You must be bored, I posted ages ago. The thread was dormant so nothing hurt - except your feelings. And I did get a helpful answer so run along now
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Re: Unregistered land, and adverse possession

Postby MacadamB53 » Fri Sep 01, 2017 8:36 pm

ColinG wrote:
arborlad wrote:
ColinG wrote:Interesting. .




You really need to start your own thread - not fair to hijack someone elses.

You must be bored, I posted ages ago. The thread was dormant so nothing hurt - except your feelings. And I did get a helpful answer so run along now
actually, ColinG, you posted on a 2-day-old thread so it certainly is not dormant.
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Re: Unregistered land, and adverse possession

Postby ColinG » Fri Sep 01, 2017 10:14 pm

I actually posted long before then. I was responding to the answer to my original post. My last words on the subject - I actually have a life to lead.
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Re: Unregistered land, and adverse possession

Postby arborlad » Sat Sep 02, 2017 5:01 pm

ColinG wrote:
arborlad wrote:
ColinG wrote:Interesting. .




You really need to start your own thread - not fair to hijack someone elses.

You must be bored, I posted ages ago. The thread was dormant so nothing hurt - except your feelings. And I did get a helpful answer so run along now




The last on-topic post on this thread was the day before your off-topic post - we must have vastly different ideas of what 'dormant' is.




ColinG wrote: My last words on the subject -




Thank you.
arborlad

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Re: Unregistered land, and adverse possession

Postby tregger » Sun Sep 10, 2017 2:37 pm

MacadamB53 wrote:
ColinG wrote:
if you're not aware, the law presumes a property with frontage to a road owns to the mid-point of the road (including any verges/pavements).



why am i trying to get highways to sell me land if that is the case ? so stopping up successfully would remove rights and ownership would pass to the homeowner ?

OWNERSHIP OF HIGHWAYS

Highway land does not usually belong to the highway authority, although it may do (eg estate roads within a local authority development or land acquired by Compulsory Purchase Order for a highways scheme). Where the land is not owned by the highway authority, its interest is limited to the surface of the road (“the top two spits” as Lord Denning once put it). The sub-soil usually belongs to someone else.

In some cases a person may be able to show title to the road (subject to the highway authority’s interest) but in most cases – especially if the highway has existed for a long time – that won’t be the case. Where no-one is able to show title the presumption ad medium filum applies: each owner of land fronting onto the highway is presumed to own the sub-soil up to the mid-point of the road, for the length of their frontage. If the highway were to be stopped up then that piece of land would be owned outright by that frontager.
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