How Can I claim unregistered land being used as a right of way

[mazfortune]

I live next to a guinel that runs between mine and my neighbours house which leads to an estate behind my garden.

The path is not registered and is not on the councils list of rights of way. They have not adopted this so as far as they are concerned it is private land and nothing to do with them.

The police are in the process of getting this closed due to recent problems and I would like to claim the land to extend my garden and endsure it cannot be used as a right of way.

Can anyone advise on how I can go about doing this?

Thanks

[LoftyLottie]

You can't just claim the land just because it is unregistered. Actually our home was unregistered until 2004 and we have lived their for 30 years. There will be a history on this piece of land and it will have to be investigated and you will probably have to make an offer for it.

http://www.findermonkey.co.uk/unregistered-lan d-buildings?utm_source=google-ppc&utm_medium=c pc&utm_campaign=google-ppc

However, if you have been using it as part of your garden for many years you may have rights to it. You will have to prove it though. The rules changed in 2002 (not sure if this year is right) and are more complicated now. Before this date if you have used a piece of land for 12 years you had claim to it.

[jen78]

Can you try and find out who the land does belong to? It could be the council even though they haven't adopted it.

Are you sure it is unregistered land or just not registered with the council as a public highway or similar?

Check with the Land Registry if you haven't already, you can send in a search on Form SIMR available from their website but you would need a decent plan and very good description.

Would either of you extending the garden prejudice the right of wway of the other property to the rear access? Is it used eg talking out wheelie bins, gaining rear access?

you have a formalright of way then make sure the police do not prejudice it by denying you access, insit on a key to any barrier put up.

[LoftyLottie]

This is probably a better link to get information.

http://www.landsearch.net/landregistry/index.h tml

[mazfortune]

It has already been investigated by an Anti social behaviour officer. He confirmed that it is not registered with the land registry. he also confirmed that it is not owned by the council and that they do not have this on any of their boundary maps.

I'm not currently using the land as it is segregated by a hedge on my property.

There is no access required from me or my nieghbour, it's simply a path connetcing our crescent with the estate behind us.

Any further advice would be grately appreciated.

Thanks in advance.

[LoftyLottie]

Because it is not owned by the council and not registered does not mean it is not owned at all. This is why it is better to make enquiries on the Land Registry Site.

A small strip of land near me was not registered and people wanted to add it to their garden. It was found it actually belonged to the Church.

It may be worthwhile posting this question in the Law Section.

[buildersmate]

Not sure what you are getting at LL.
If it isn't registered it means the Land Registry don't know who owns it - so there is no point in talking further to them. However you are right that it doesn't mean it isn't owned - it could be owned by someone who is sitting on original deeds to the land.
Either way, there is absolutely nothing Maz can do to claim the land legally. You either have to find the owner of the deeds (if he exists) and buy it, or you just fence it off and sit and wait - for 12 years. If a near neighbour is using as a cut through, you might get complaints.
If you are bold enough, just fence it off and tell enquirers that you have bought it - that's why you fenced it off. It might pay to be bold. The worst that can happen is the actual owner turns up and you've wasted a few feet of fencing.
Lastly if this piece of land has been used by the public for over 20 years as a cut through, a public right of way may have been established. Once again the way to test this is to fence it off and see whether anyone challenges you.

[LoftyLottie]

Yes, you are right builders mate. I had overlooked the fact that the council had already checked it was registered. Thanks.

However, the 12 year rule isn't as simple as that since 2002 when the law changed. It's all got much more complicated. I know because of a recent situation I have been in myself.

http://www.practicalconveyancing.co.uk/content /view/9683/1109/

[LoftyLottie]

My very first link on my first post might be of benefit. They apparently will trace the owners of unregistered land - for �99.00!!

[LoftyLottie]

Me again,

Just a thought. Is your house privately owned and on an estate of any sort. If so the developers would probably still have ownership of this land, or you could use this information as a start to your search.

[mazfortune]

I'd just like to say thanks for all the information that has been provided. I think i'll try to find out who the developers were who initially built the crescent.

The cut through was actually commissined by a tenant in the estate behind me, as she had a friend who was buying a property on the crescent and wanted to be able to see her easily. It may belong to her or her family.

Thanks again for all the help.

[Andy_Gray]

You may legally claim this pathway as your own and the other posts are right in saying that you will have to submit and application to the Land Registry.....Just make sure that when you submit your claim you include all the ressearch you have done in trying to find the original owner, otherwise the land registry will simply throw out your claim for this land....... A great site for more info on claiming unregistered land is http://www.claimfreeland.co.uk .......It has the entire step by step process.... Media URL: http://www.claimfreeland.co.uk
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