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I live in a crescent row of houses which has a parcel of…

I live in a crescent...
I live in a crescent row of houses which has a parcel of land behind it. For more than thirty years this has been maintained by the residents and used as a car park. It was assumed by everybody including solicitors to be part owned by the residents. It now appears that this is owned by tapestart ltd who have put the lease up for auction. What right do we have to claim the land as our own, and what will be the effect on the residents if it is sold to a third party
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Answered in 13 hours by:
3/24/2018
F E Smith
F E Smith, Solicitor
Category: UK Law
Satisfied Customers: 10,817
Experience: 30 years in General Practice
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Hello for clarification - what do you mean including solicitors?

was is always owned by Tapestart ltd do you know?

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Customer reply replied 4 months ago
These houses were built in 1903 so I don't know the original owners, possibly the Greenall family,local brewers and landowners. I don't know when Tapestart purchased the land. When we took out the mortgage one of the questions asked by the bank was that the solicitor check on the situation regarding the status of the land in question. I do not know whether this was done.

Greenall Whitley. There is a blast from the past. Warrington. Wilderspool Ales :-)

Because this land has not been used exclusively by anyone, for more than 10 years if it’s registered at the land registry or 12 years if it isn’t registered at the land registry, then no one has a claim for adverse possession.

However as it appears that you have used it without consent or objection and not in secret for parking then if you have done that for more than 20 years, you can claim an easement by prescription under the Prescription Act. If you have done it since time immemorial (including your predecessors) you also have a claim for an easement under the doctrine of Lost Modern Grant. Lost Modern Grant arises when someone has used a piece of land or exercise the right of way for so long that it must have been granted by deed but because it was so long ago the deeds have been lost. It’s a bit of a work of fiction to be honest but still good law. The new buyer buys the land subject to any rights which are discoverable on a reasonable inspection and therefore, if the land is not registered you need to register a Class D land Charge against the property or if it is registered you need to apply to the land registry (all of you) to register your individual easements.

Unless you have experience of this, it’s probably better entrusting that to a solicitor and you need to do that now. You also need to give Tapestart Ltd notice that you are doing that although the land registry will tell them in any event.

If Tapestart purchased the land within the last 20 years or so, it will be registered at the land registry and you can get the title deeds from this link for 3 pounds https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

If there is no address and you can’t find it using the map enquiry facility (somewhat awkward to use) you can do a search of the index map at the land registry using land registry form SIM which is here.

http://www.landregistry.gov.uk/_media/downloads/forms/SIM.pdf

The last time I did one the fee was 4 pounds.

You are going to need to attach a large-scale plan based upon the ordnance survey with the area that you are enquiring about edged in red. A plan from Google Earth is not sufficient but if you get the deeds of an adjoining property you can probably use the plan from those deeds (the plan is 3 pounds) and highlight the area you are enquiring about in red.

If you haven’t got a large-scale plan sufficient to identify the area, what I normally do is get the land registry plan of the closest registered property and then photocopy that and mark the area I am enquiring about. The land registry can never say that their own plan is not sufficient!

When you get the result of the SIM back it will give you a title number of the property you are enquiring about and you can then get the deeds using the link I posted earlier up this last message.

If the property is not registered at the land registry there is absolutely no way you can find out who owns it if no one knows or no one has any knowledge or no one knows where the deeds are. Very often, deeds get lost and people die and simply gets forgotten about.

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

F E Smith
F E Smith, Solicitor
Category: UK Law
Satisfied Customers: 10,817
Experience: 30 years in General Practice
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