How to buy unregistered land

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mr sheen
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Re: How to buy unregistered land

Post by mr sheen » Wed Dec 19, 2018 5:23 pm

To object to the registration of land, one has to provide better title to the land in question than the person seeking to register the land. The LR assess the evidence of possession or ownership and determine whether the land can be registered by the person seeking registration. If an objector provides better title then that will stall the registration process and the land will remain unregistered and the parties can decide whether to go to court; if one doesn't provide better title then the LR can decide whether to register the land.

Since you have previously approached the landowner with a view to buying the land, you accept that you do not own it and this fact alone scuppers any claim you may make that you 'own' the land.

All land is owned and title to the land may still be around. If the Brewery went into administration then the land is an asset and will have been part of the disposal of assets. It's quite possible that someone has title deeds to this unregistered piece of land. If so, just presenting those to LR will enable it to be registered and no amount of objecting will prevent it unless you can make a successful AP claim by proving exclusive use for 12+years and having excluded all others including the 'owner'.

ukmicky
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Re: How to buy unregistered land

Post by ukmicky » Wed Dec 19, 2018 11:32 pm

If the land is his and you are squatting on it and are unable to successfully gain it under adverse possession laws he will be able to claim back any reasonable costs borne by him which were required to evict you.

If he is the owner he can also claim Mesne profits for your unlawful occupation of his land ,which is basically the rental value of the land for the length of your occupation.

Only fight this if you are prepared for all the possible outcomes.
Any information provided is not legal advice and you are advised to gain a professional opinion

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