Strands#265 Did You Hear That?
Quizzes & Puzzles2 mins ago
no rights of access over unregistered road
11 of us require access along a private unregistered road to get to our houses. Some of us have indemnity policies.
Can we as a class apply for ownership of this road to the Land Registry. We have exclusive use, no others use it and have had use for donkey's years. Cheers!
Can we as a class apply for ownership of this road to the Land Registry. We have exclusive use, no others use it and have had use for donkey's years. Cheers!
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No you can't.
As individual owners of adjoining properties, each of you probably have established a legal right of access (easement) under the Prescription Act (1832), if you have been doing it for more than 20 years. However LR will not let you register the easement - it will merely allow a note on the title register that you claim it.
But none of this means you can claim the land as your own.
As individual owners of adjoining properties, each of you probably have established a legal right of access (easement) under the Prescription Act (1832), if you have been doing it for more than 20 years. However LR will not let you register the easement - it will merely allow a note on the title register that you claim it.
But none of this means you can claim the land as your own.
The above answer is incorrect.
You can apply for a possessory title but your application will have to be very carefully crafted to stand a chance. The first thing you should do is form a limited management company with each of you holding one share and elect a Board. The name should be the name of your road ie High Street Management Company Ltd. You should then have the road surveyed and apply to have it Registered - this should be straightforward and will give it a Title No and a life of its own. The next step is to write to your local District Land Registry Office before formal application setting out the situation and listing the evidence (part of the evidence may have to be Statutory Declarations by each of you). Before submitting your letter the Company should have it vetted by a specialist Land Registry solicitor. I cannot provide further information as I do not know your details but what I have written will get you properly started. You will find the Land Registry very helpful, but you must formulate your letter (and subsequent application) very carefully.
You can apply for a possessory title but your application will have to be very carefully crafted to stand a chance. The first thing you should do is form a limited management company with each of you holding one share and elect a Board. The name should be the name of your road ie High Street Management Company Ltd. You should then have the road surveyed and apply to have it Registered - this should be straightforward and will give it a Title No and a life of its own. The next step is to write to your local District Land Registry Office before formal application setting out the situation and listing the evidence (part of the evidence may have to be Statutory Declarations by each of you). Before submitting your letter the Company should have it vetted by a specialist Land Registry solicitor. I cannot provide further information as I do not know your details but what I have written will get you properly started. You will find the Land Registry very helpful, but you must formulate your letter (and subsequent application) very carefully.
Not sure I'd agree with Mustafa:-
Creating a new legal entity is only likely to muddy the waters in terms of the 12 years ownership required for adverse possession. Don't see how a newly created limited company can have 12 years ownership - you seem to be suggesting that the company will apply for ownership rather than the individuals. Granted, none of the individuals can seek possession, but I dont' see how a newly formed company is going to stand a chance either. Registration is going to be far from straightforward!
I don't think there is any way possessory title can be granted.
Better to rely on s31 1980 Highways Act for a right of way - where a road has been used for 20 years by the public as of right and without interruption, it can be deemed a public highway. If in doubt, get indemnity insurance.
Creating a new legal entity is only likely to muddy the waters in terms of the 12 years ownership required for adverse possession. Don't see how a newly created limited company can have 12 years ownership - you seem to be suggesting that the company will apply for ownership rather than the individuals. Granted, none of the individuals can seek possession, but I dont' see how a newly formed company is going to stand a chance either. Registration is going to be far from straightforward!
I don't think there is any way possessory title can be granted.
Better to rely on s31 1980 Highways Act for a right of way - where a road has been used for 20 years by the public as of right and without interruption, it can be deemed a public highway. If in doubt, get indemnity insurance.
I considered his answer as a sledgehammer to crack a nut. Yes, he is talking about setting up a company to seek ownership. But he persists in pulling my answers apart on AB - hence my terse response. I still maintain my first answer is correct - there is no need for the eleven owners to do anything as they are not at risk. But your suggestion (using the Road Traffic Act) is better still - if they did want to invest money in strengthening their rights.
Law 1 asks if they can apply for ownership.
The answer is yes by way of a Limited Management Company which will itself own the freehold and in which the each of the 11 will participate by way of a single share which will be attached to and transfer with each property. A statement to the Land Registry explaining the purpose of the new company accompanied by a Statutory Declaration from each of the 11 certifying the individual usage of the road will be accepted by the Land Registry. The first step must be to draw up a proper Plan and apply for Registration of the Road, which will go through as a formality. The application itself must be for a Possessory Title which provided the application is carefully made is almost certain to be successful as the rectification of which should someone else come along later with a better claim is easy for the Land Registry. Application for an Absolute title can be made after about a dozen years without challenge.
I must have set up a 100 or more of these companies for precisely this purpose over the years.
The answer is yes by way of a Limited Management Company which will itself own the freehold and in which the each of the 11 will participate by way of a single share which will be attached to and transfer with each property. A statement to the Land Registry explaining the purpose of the new company accompanied by a Statutory Declaration from each of the 11 certifying the individual usage of the road will be accepted by the Land Registry. The first step must be to draw up a proper Plan and apply for Registration of the Road, which will go through as a formality. The application itself must be for a Possessory Title which provided the application is carefully made is almost certain to be successful as the rectification of which should someone else come along later with a better claim is easy for the Land Registry. Application for an Absolute title can be made after about a dozen years without challenge.
I must have set up a 100 or more of these companies for precisely this purpose over the years.
Thank you all. Could one of us apply for ownership but grant rights to the others? The reason for our concern is a landowner is trying to get planning to build on land, access to which is required along our private road. We see it as our road as only we use it (it is a cul de sac) and we have maintained it etc. we want to try to stop the planning using lack of access. What do you think?
This is a completely different situation to your original question. There is a 12th owner to consider and who will object and has the power to block your application to the Land Registry if you leave him out. The 12th owner's planning application will not be refused on lack of access. You are wasting your time I'm afraid.
Sorry if I have confused you, The developer does not own the road and doesnt currently use it. he wants to build in his back garden and he has cut a hole in his hedge to make an access to his land from our private road. we want to stop him using the road but looks like we cant. Cheers for all your advice!
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