Phantom occupiers

3 December 2012

I have lived in the same area for 30 years and walk through a piece of overgrown land behind my house every day. In the distant past an old couple lived in a house on the plot, but no one has lived there since and about 20 years ago the house fell down. My brother and I decided to look in to who owned the land, and have found a map and title registration on the internet. This shows that two people lay claim to the land and say they are occupying it, although clearly they are not and never have. I have drawn a blank with the council. As it’s so close to my house, I’d like to buy the land if nobody owns it. How do I go about this?

Answers

The process of claiming land that appears to be ownerless is more complex than many believe, not least because someone always owns land, even if it is the Treasury Solicitor on behalf of the crown, to whom property passes when someone dies intestate and has no descendents. In order to claim this land you would have to ‘occupy’ it for at least 12 years, then make a claim to the land registry. However, it appears someone else has got there first. Contact the Land Registry to seek their advice, plus keep a record of your and anyone else’s activities on the land.

3 December 2012

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