Unregistered Land

M3man
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Unregistered Land

Post by M3man » Wed May 02, 2018 9:48 pm

Hello, please be gentle as it's my first post.

I have a dispute with my neighbour, I won't bore you all with the details, but it's being dealt with by solicitors.

Between my back garden and my neighbour is a strip of unregistered land that a stream used to be on. The stream was filed in and thames water diverted it into a new pipe under ground. The land is being used by my neighbour and as such he is trying to adversely possess the land.

Now at its been 40 years since the stream was diverted, can we use the land registry practice guide 40 supliment
3 (10) Accretion and diluvion: non-tidal rivers and streams. It states in there that each neighbour can have the land each side up to the centre of the former bed.

Or has too much time passed by to use such legislation as my objection when I am notified of his intention by the Land Registry?

jdfi
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Re: Unregistered Land

Post by jdfi » Sun May 06, 2018 6:11 pm

Has he fenced and used this land for 12 years?

If so, then any claim you may have had is too late.

If not, then yes you ought to get your own application in NOW using practice guide 40 to assist.

M3man
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Re: Unregistered Land

Post by M3man » Mon May 07, 2018 2:04 pm

There is no fence between us as he removed it some time ago. I have full visibility of his garden as does he of mine. The question here is does practice guide 40 apply here after such a long time that has passed?

jdfi
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Re: Unregistered Land

Post by jdfi » Wed May 09, 2018 9:37 pm

Is he using the land upto your former boundary with Thames Water?

If not, I repeat to get your claim in now, without making further excuses or delays.

M3man
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Re: Unregistered Land

Post by M3man » Sun May 13, 2018 7:02 pm

He is using the land... However my question is can I use practice guide 40, as an objection for his adverse possession application?

ukmicky
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Re: Unregistered Land

Post by ukmicky » Sun May 13, 2018 9:10 pm

The way I see it.


Why are you calling it unregistered land.

Your land is registered so therefore also was your ownership of the stream up to the centre and the bed when it was diverted . . It is part of a registered title and is not unregistered land. Your red boundary line may not include it but that's how they draw the titles because things can change due to accretion and diluvion.

So yes if he attempts to put in a claim for it based on it being unregistered I would challenge any attempt to adverse posses it on the basis that the land is registered and he has use the wrong procedure , which then allows you to reject his attempt to gain it under the LRA 2002.

Its not much different to the presumption that I own to the centre of the road outside my house . My boundary red line may be drawn at my boundary wall but as the presumption says I own the road in front of my house up to the centre line the road up to the centre line is registered land.

You may want to check with the land registry to check that they are aware that it was a former stream and is therefore part of your title.
Last edited by ukmicky on Sun May 13, 2018 9:23 pm, edited 1 time in total.
Advice given is not legally qualified and you are advised to gain a professional opinion

arborlad
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Re: Unregistered Land

Post by arborlad » Sun May 13, 2018 9:15 pm

You need to get your own fence in now, halfway between both properties would be the best guess without more to go on. Your neighbours use of the land is just a forerunner to him erecting a fence and the first to act has the advantage, neither can make a claim for AP until the land has been enclosed and 12 years have elapsed.

You're unlikely to be the only properties in this situation, how have others dealt with it?
arborlad

smile...it confuses people

M3man
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Re: Unregistered Land

Post by M3man » Sun May 13, 2018 10:31 pm

Ok, so let me elaborate. My land has been in situ for 200 ish years. Behind us was a stream and beyond that was farm land. This farmland was sold in 1969 and developed into an estate. Now the land where the stream was, and subsequently filled in/diverted underground is this piece of unregistered land. This land is approx 3-4 meters wide and runs all the way along the back of my property and several others to the east of me apart from one who I have since found out bought it from the developers in 1972. The developers went bust in the 80's so there is no legal owner. Trouble is, my neighbor has at some point took his fence down and has used the land for over 40 years. It is still unregistered to this day and now he is going to try and register it adversely. You may wonder why I'm concerned, well its because we have trees for privacy at the edge of our border that he wants to cut down and we don't want to lose our privacy. Hence why I ask, can I use the legislation as a defence?

ukmicky
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Re: Unregistered Land

Post by ukmicky » Sun May 13, 2018 11:05 pm

Forget hearsay.

Is there documented evidence that the developers who went bust owned your side of the stream. If there is no documented evidence that it was owned by the developers the presumption stands and you own your side of the stream. .


If there is documented evidence it was owned by the developers ,you cant use the legislation you talk about to stop him
Advice given is not legally qualified and you are advised to gain a professional opinion

M3man
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Re: Unregistered Land

Post by M3man » Mon May 14, 2018 10:58 pm

There is nothing documented as the land behind us wad developed in the 1970's. I have searched but nothing has come up.

arborlad
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Re: Unregistered Land

Post by arborlad » Tue May 15, 2018 11:40 am

M3man wrote:
Sun May 13, 2018 10:31 pm
Trouble is, my neighbor has at some point took his fence down and has used the land for over 40 years. It is still unregistered to this day and now he is going to try and register it adversely.


Enclosing land and excluding all others is one of the requirements for adverse possession - removing a fence and using the land is not sufficient.



You may wonder why I'm concerned, well its because we have trees for privacy at the edge of our border that he wants to cut down and we don't want to lose our privacy. Hence why I ask, can I use the legislation as a defence?


If you own trees and wish to ensure their ownership is known, you need to make sure they are fully enclosed on your land with a fence. You need to do this ASAP or you'll return from work/holiday/shopping to find your trees gone. You need to do this yourself - there is no legislation that will assist you.
arborlad

smile...it confuses people

jdfi
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Re: Unregistered Land

Post by jdfi » Sun May 27, 2018 11:28 am

Is your fence now up?

M3man
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Re: Unregistered Land

Post by M3man » Wed May 30, 2018 11:33 pm

M3man wrote:
Wed May 02, 2018 9:48 pm
Hello

arborlad
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Re: Unregistered Land

Post by arborlad » Thu May 31, 2018 6:33 am

M3man wrote:
Wed May 30, 2018 11:33 pm
M3man wrote:
Wed May 02, 2018 9:48 pm
Hello


:?:
arborlad

smile...it confuses people

M3man
Posts: 9
Joined: Sun Apr 29, 2018 8:17 pm

Re: Unregistered Land

Post by M3man » Mon Jun 11, 2018 11:53 am

Form AP1 submitted. If my neighbor puts an AP1 form in after me, will it be rejected due to an existing application?

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