If you come across a parcel of unregistered land in your property search, here is what you should know, courtesy of www.landregistry.gov.uk
See more at: http://www.landregistry.gov.uk/public/guides/public-guide-16#sthash.cTBWVnng.dpuf
If you are buying a property that has not needed to be registered previously, it costs you slightly more in fees with the Land Registry, and your solicitor may charge you an increased fee for the extra work involved in registering for the first time. Click here for the latest fee structure for registering land.
Experienced property hunters, Stacks have experience of dealing with parcels of land where the historic squatting raises issues for their clients.
“For example, this ‘annexation’ of land happens a great deal in the Forest of Dean where people whose gardens are adjacent to the Forest will just move their fences a bit further out. Usually this is a matter of feet, but you do hear of people taking sizeable chunks, up to an acre.
“We once bought a property in south Wales for a client where, when we looked at the deeds, the boundary went straight through what was actually the tennis court.
This had been as a result of some annexation of the neighbouring farmers’ ground which everyone had forgotten about. In this event, it was possible to prove that it had taken place long enough ago, and the farmer signed the land over officially.
“As a buyer, you should be careful that what you think you’re buying really does belong to the house – as buying agents, we are meticulous about this issue, and will make sure the Deeds marry up to what’s happening on the ground. The rules of annexation say that you have to have occupied the ground ‘without let or hindrance’, i.e. you haven’t been given permission to use it, and you mustn’t have broken down fences to help yourself.
“You should also pay attention to land that has been ‘added on’ to a garden – even if it is officially part of the curtilage, has it got planning permission to be a garden?”
“Finally, as the purchaser of unregistered land, you may wish to consider taking out “Title Indemnity Insurance”. This can be purchased for a modest premium where genuinely the vendor appears to own the land but the documents to prove it are not available – your lawyer can advise if this is necessary”
*** You may also find ‘Be particular about Planning’ and ‘Don’t Lose the Plot’ helpful.
For help in finding the house of your dreams, contact Stacks or browse Our Offices to find out where could be the “Location, Location, Location” for you.
Professional Property Purchaser Rachel Johnston of Stacks Property Search advises new auction bidders… Why agents sell by auction “Whilst most property is sold by private treaty, estate agents and vendors tend to opt for an auction when they are confident that there will be huge interest, where the property is a restoration...
Think carefully before taking on a ‘project’. It’s become very fashionable to do up a wreck – numerous television programmes on the subject are largely responsible! Our clients frequently request a ‘project’, but baulk when faced with the reality. Better to analyse yourselves in depth now! Here’s how… Before taking the plunge...
Planning to ‘Grand Design’ yourself to happiness ? First, don’t lose the plot! As it becomes harder to find the perfect home, purchasers are increasingly believing that the answer to their problem lies in either building the dream property on an empty site, or dramatically recreating an existing building. Ten to fifteen...
Anyone trying to find a building plot for themselves needs plenty of patience and tenacity. Here are some tips gleaned from years of experience. Let estate agents know your requirements, but don’t rely on them alone – many plots aren’t sold through agents. Consider speaking with professional developers to see if they...
Call us on +44 (0) 1594 842880 or complete the form below
When making probably the most important financial decision of your life, it pays to have the right advisors at your side.