Unregistered Land Problem

[johnandcharlie]

I'm trying to buy a house with some land. The site is registered under 2 different titles, but there is an area of about an acre between the 2 registered parts that is unregistered. To make things more interesting, apparently there are no deeds either! The seller's solicitor has said that it could take some months to sort out, and will be expensive. The seller isn't prepared to spend the time and money getting it registered, and wants to sell it as it is. The easiest thing would be to walk away, but it has some unusual features that meet a lot of my requirements, so I think it's worth sticking with it for a while. I've read the relevant stuff on the Land Registry web site, and downloaded the forms, so have a fair idea of what's involved. I guess the chances are that no one else will have a claim on the land, and that I'll get it registered in time, but I'm not entirely comfortable about that. I'm a cash buyer, so there's no mortgage lender involved. Can anyone offer any practical advice on what I can/should do, and if I go ahead and buy, can I register it myself, or should I pay an expert? What are the implications if I can't register it?

[JustinN]

A lot depends on how the unregistered land "fits" with the registered titles and what you plan to do with the whole property. In particular -

- Is the unregistered land surrounded by the registered titles?

- Has it been used by the seller as part and parcel of the overall site for at least 12 years?

- Is ownership of the unregistered land crucial to your proposed use of the land?

If the answers are "Yes", "Yes" and "No" then I would be inclined to proceed, but make sure you get the seller to make a suitable (for Land Registry purposes) statutory declaration as to his use of the land, and ensure that the transfer of the registered title includes also whatever righ or interest the seller may have in the unregistered land (though he will not want to give any title guarantee in respect of the unregistered land)

I hope this helps

[johnandcharlie]

The unregistered land is sandwiched between the 2 bits of registered land. There are fields of a neighbouring farm on one side of the whole site, and a public road on the other. I'm not sure quite where the boundary is in relation to the house, but the unregistered land and one piece of registered land makes up the whole of a wood, with no obvious boundaries. Where it joins the house and field, it blends naturally into this, so to anyone viewing the whole site it appears to be a whole. The current owner has only owned the site for just under 8 years, and I believe the previous owner is still around. As far as I can tell, it's been used as part and parcel of the overall site fora lot more than 12 years. The trees probably haven't been coppiced for much longer than that. I understand that at one time clay was quarried in what is now the wood. There are remains of a short tramway, and an access road. Ownership of the land is crucial to my proposed use of the land. As the current owner doesn't want to register the land, will the Land Registry accept registration from me as a new owner, or will it make it harder?

[JustinN]

From what you say, it sounds liker an ideal candidate for a dirst registration application, and I am surprised the present owner does not make an application in order to improve the "sellability" of the entire plot

You can buy and make the application in your name, but you will need the appropriate evidence (in the form of suitable statutory declarations) from the current owner and the previous owner, so as to prove 12 years unbroken and unchallenged use

However, as the land in question is crucial, and as there is no guarantee that your application will succeed, the risk may not be worth taking

Good luck!

[robboyeah]

There is a website called Finder Monkey that can find the owners of unregistered land might be worth a try - sorry not sure of the web address.

good luck.

[johnandcharlie]

Thanks JustinN. I think the chances are that no one will claim it and I'll be able to register at some stage, even if it takes time. But there's always a risk. I'm trying to gather enough information before talking to the seller and the solicitors I may use for conveyancing.

Thanks Robboyeah. I found it at findermonkey.co.uk/unregistered-land-buildings (can't post full link as I'm a new poster!). They charge £29.99 up front and a further £100 for a successful search. Useful to know if I have problems.

[JustinN]

I suggest that you do not want to find out who owns the unregistered land - you want to claim it for yourself, instead. If you find out who owns it, you will have to deal with them, and could end up paying a lot of money for what would be a "ransom strip"

[johnandcharlie]

Thanks for the help. I've spent a week researching this, having been given the impression that the seller wasn't prepared to register the land. I've just been to see him, and the estate agent and his solicitor haven't been keeping him informed on what's going on, and what he should be doing. He's going to get the land registered. He didn't even know I was waiting to negotiate a price over a week ago!!!!!

[JustinN]

How bloody typical! Why do so many solicitors see it as their job to fight what they think is their client's corner, without first checking that the client wants them to do so? I lose track of the number of transactions that are jeopardised by unnecessarily hostile solicitors!

I am more surprised at the agents not keeping the seller informed: usually, they are very good at recognising how important clear and accurate communication is to a smooth transaction

[john.harvey30@tesco.net]

Local librarians/ council archivists love to get involved in this sort of issue. See what they can find out for you