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I have the land registry information on a derelict property.

Customer Question
It has the "proprietor 's...
I have the land registry information on a derelict property. It has the "proprietor 's name, but clearly he is ubtracable, deceased, incapable or unwilling. I would like the property to renovate. How do I do this
Submitted: 8 months ago.Category: UK Law
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Answered in 28 minutes by:
10/3/2017
Solicitor: Naveed Khan,
 replied 8 months ago
Naveed Khan
Category: UK Law
Satisfied Customers: 58
Experience: Attorney - Freelancer at ELANCE
Verified

Hi, such property normally is declared as Bona Vacantia that means vacant goods and is the name given to ownerless property, which by law passes to the Crown. The Treasury Solicitor acts for the Crown to administer the estates of people who die intestate (without a Will) and without known kin (entitled blood relatives) and collect the assets of dissolved companies and other various ownerless goods in England and Wales.

BVD is part of the Government Legal Department. You may wish to contact the department for further information as to how to acquire an interest in the said property.

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Customer reply replied 8 months ago
It hasn't been declared as yet, so is still a real proposition in my mind. Did you get the photo? The registered owner - (strangely?) shown as the proprietor, needs to be proved dead missing or unable before I assume someone else gets the place? How do I do this.
Customer reply replied 8 months ago
As in the first communication, I would like this property. I don't want to point out a derelict to the government so they can have it
Customer reply replied 8 months ago
Not happy so far. Bona Vacantia is an answer from a google search
Solicitor: Buachaill, Barrister replied 8 months ago
Buachaill
Buachaill, Barrister
Category: UK Law
Satisfied Customers: 11,145
Experience: Barrister 17 years experience
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1. Dear Sir, since 2003, it is no longer possible to obtain adverse possession or squatter's rights in relation to a derelict property. This means that although the owner is missing or untraceable, you cannot obtain anything greater than a possessory title to the property. So, once the owner named on the Land registry appears, or someone who claims under them, they can evict you, irrespective of how long you have been occupying the property. So, the bot***** *****ne is that it is extremely unwise to renovate any property, including this property, unless you get good title to it. This is because no title, other than title in the Land registry is good enough to give you any security that your investment renovating it, will ever be recouped.

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Solicitor: Buachaill, Barrister replied 8 months ago

2. Additionally, if you are not the registered owner in the Land registry, anyone can come along and enter the premises by force and put you out and claim possession themselves, as you have no greater title than they have. You will not then be ab.e to get an order to evict them, even if you have renovated the property. This highlights how insecure any title other than that in the Land registry is, when it comes to registered land.

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Solicitor: Buachaill, Barrister replied 8 months ago

3. Accordingly, unless you can get title from the estate of the deceased owner, or in some way get an assignment of the property, you are wasting your time thinking of renovating a derelict property to which you have no registered title. Since 2003, under English law, the title in the Land registry is paramount. No other title is recognised.

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Solicitor: Buachaill, Barrister replied 8 months ago

4. Please Rate or Accept the answer as unless you do so your Expert will not receive payment from the website for answering your question.

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Customer reply replied 8 months ago
Goodness. Is the owner dead? I don't want to steal the place I don't know the fate or whereabouts of the man.
Please tell me how to "in some way get assignment of the property. " or "get title from the estate" none of the answers are answers.
I also know a little about squatters. What you didn't mention is that there is a case for claiming reasonable expenses for taking care of the property.
Solicitor: Buachaill, Barrister replied 8 months ago

5. The first step is to search the Register of Deaths to see if this man who is the registered owner is dead or not. If he is dead, then you need to get a copy of any will or see if probate has been taken out in relation to his estate. If he is not dead, then you need to ascertain his whereabouts whether by searching for him or getting a private investigator to see who he is. In either instance, you either deal with him to get an assignment of the property or you deal with his heirs to get an assignment. Either way, there is no value in renovating the property unless you get an assignment and good title. Any idea that you will get reasonable expenses for taking care of the property is daft. In strict point of law, you owe what is known as mesne rates for using the property without paying rent for it if you enter on it and occupy it. So the notion that you will benefit from occupying it is not a runner.

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Solicitor: Buachaill, Barrister replied 8 months ago

6. The one thing you should be aware of is that a derelict property is merely a sign that the owner lacks the financial wherewithal to keep it up. It is not a sign there is no owner.

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Customer reply replied 8 months ago
I'm tired now.
I have the land registry information on a derelict property. It has the "proprietor 's name, but clearly he is ubtracable, deceased, incapable or unwilling. I would like the property to renovate. How do I do this. Your answer appears to be "I can't" or "there is an owner" this has been the same as a google run around. But I'm supposed to pay. Plus devalue the information I have.
Solicitor: Buachaill, Barrister replied 8 months ago

7. You are perfectly able to go ahead and renovate the place. What I merely have said is that you take the risk of loss should someone show up with legal title, or else, if someone removes you by force from the premises. However, all things in life involve risk and it is up to you to ascertain whether you want to take this risk.

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Customer reply replied 8 months ago
I have no wish to renovate anyone else's property. I wanted the property. Full stop. I would renovate it was too much information for you. No further responses thank you
Solicitor: Buachaill, Barrister replied 8 months ago

8. You are welcome. Best wishes.

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