| Unregistered land is land that is not registered with | | | | Land Registration Act 2002. |
| HM Land registry, it does not mean that it does | | | | The law remains largely unchanged for adverse |
| not have an owner and if you wish to purchase | | | | possession of unregistered land and this is |
| the land or discuss something with the owner | | | | covered in this guide. |
| what can you do? | | | | Adverse possession - the essentials |
| It is not easy to contact owners of unregistered | | | | An application for adverse possession will not |
| land as there is no database to check to see who | | | | proceed unless Land Registry believes it to be |
| the owner is, the only way is to search for the | | | | more likely than not, from the evidence they |
| owner. The owner should have several | | | | have seen, that: |
| documents to prove ownership of the land; these | | | | - The squatter has factual possession of the |
| will be in the form of old title deeds and maybe | | | | land; |
| with the owner, the mortgage lender or the | | | | - The squatter has the necessary intention to |
| owner's solicitor. To search for the owner of | | | | possess the land; |
| unregistered land is a difficult task and one that | | | | - The squatter's possession is without the owner's |
| should not be taken lightly, it can involve hours of | | | | consent; |
| painstaking research and often including searching | | | | And all of the above have been true of the |
| through old documents and maps to find snippets | | | | squatter and any predecessors through whom |
| of information that can move the investigation | | | | the squatter claims for at least 12 years prior to |
| forward. Here at FinderMonkey we specialise in | | | | the date of the application (see "The limitation |
| finding the owners of unregistered pieces of land | | | | period"). |
| in the UK, we have over a period of time built up | | | | The intention to possess |
| a set of procedures and contacts to enable us to | | | | What is required is "not an intention to own or |
| move enquiries on quickly and cost effectively. | | | | even an intention to acquire ownership but an |
| With experience comes success and we can now | | | | intention to possess" 2. This means "the intention, |
| look at a piece of unregistered land and | | | | in one's own name and on one's own behalf, to |
| immediately start to put the procedures in place | | | | exclude the world at large, including the owner |
| and work out the best strategy for locating the | | | | with the paper title if he be not himself the |
| owner. Each case is different and we have only | | | | possessor, so far as reasonably practicable and so |
| recently located | | | | far as the processes of the law will allow" 3. |
| - The owner of a private road | | | | Where the squatter has been able to establish |
| - The owner of a field | | | | factual possession, the intention to possess will |
| - The owners of a small car park | | | | frequently be deduced from the acts making up |
| - The owners of an unregistered building | | | | that factual possession. But this deduction will not |
| We can also offer advice on issues such as first | | | | always be made, as Slade J explained in Powell v |
| registration and adverse possession and | | | | McFarlane |
| frequently do. | | | | "In my judgement it is consistent with principle |
| If you would like to order an unregistered land | | | | as well as authority that a person who originally |
| search you can do so here | | | | entered another's land as a trespasser, but later |
| Finding the owners of unregistered land is a long | | | | seeks to show that he has dispossessed the |
| and difficult task; once you have found the | | | | owner, should be required to adduce compelling |
| owners of unregistered land the next stage is to | | | | evidence that he had the requisite animus |
| make them an offer on that land. You must also | | | | possidendi in any case where his use of the land |
| make sure you are happy that they are the | | | | was equivocal, in the sense that it did not |
| owners by seeing the title deeds. There will be no | | | | necessarily, by itself, betoken an intention on his |
| title register or title plan for the land, this is why it | | | | part to claim the land as his own and exclude the |
| is unregistered so the only way to confirm the | | | | true owner." |
| owners of unregistered land is through the title | | | | Use of land for access purposes is an example |
| deeds. The next step is registering the land so | | | | of an equivocal act. Such use over time might |
| you can prove ownership through the Land | | | | give rise to an easement by prescription, but is |
| Registry, if you are the registered owner people | | | | not, by itself, sufficient to establish an intention to |
| can perform a simple search for a title plan or | | | | possess the land. |
| search for a title register and you will be shown | | | | The limitation period |
| as the owner. | | | | A squatter can acquire ownership through a |
| Knowing how and when to register unregistered | | | | combination of the positive effect of the adverse |
| land is difficult as at times it is recommended to | | | | possession giving him title and the negative effect |
| leave the land unregistered but in other instances | | | | of the LA (Limitation Act) 1980. |
| it must be registered. | | | | The LA 1980 extinguishes the paper title at the |
| When unregistered land is registered for the first | | | | end of the appropriate limitation period. |
| time the registration can take several different | | | | Extended periods |
| forms but the main two are | | | | The time limit of 12 years is extended to 30 |
| Absolute freehold – The owner has all the | | | | years for the Crown. This then is the relevant |
| rights subject to rights appearing in the register | | | | limitation period when the owner is a company |
| and overriding interests. This is the most | | | | that has been dissolved: the property of such a |
| frequently awarded class of title and is the most | | | | company vests in the Crown or one of the Royal |
| reliable. | | | | Duchies as bona vacantia. You should, therefore, |
| Possessory freehold – An applicant will get a | | | | carry out a company search where the owner is |
| mere possessory title if they cannot produce | | | | a company the limitation period is 30 years for |
| sufficient documentary evidence of title. They | | | | any spiritual corporation sole (bishops, vicars and |
| remain subject to all adverse interests existing at | | | | certain other holders in the Church of England). |
| the date of registration. | | | | The 12 year period applies, however, to |
| An application for first registration must be | | | | corporations aggregate, such as the Church |
| made within two months of a disposition triggering | | | | Commissioners or one of the Oxford or |
| first registration and failure to register can have | | | | Cambridge Colleges. Where the land is foreshore |
| drastic effects. The disposition becomes | | | | owned by the Crown, the period is 60 years. The |
| statutorily void for the purposes of transferring, | | | | normal 12 year period applies to foreshore owned |
| granting or creating a legal estate and the title | | | | by parties other than the Crown. |
| takes effect in equity only. The title reverts back | | | | What stops time running? |
| to the vendor who holds it on bare trust for the | | | | For the purposes of the LA 1980, a period of |
| transferee. | | | | adverse possession can be brought to an end by |
| After first registration all subsequent transfers of | | | | a signed, written acknowledgement of the |
| title must be recorded in the register to take | | | | owner's title by the squatter6 and a written |
| effect at law. | | | | acknowledgement by the agent of the squatter is |
| Until registration the vendor holds trustee and the | | | | as effective as one signed personally by the |
| purchaser has only an equitable estate in the | | | | squatter. A written offer by the squatter to |
| property. There is no time limit for registration of | | | | purchase the land from the owner is treated as |
| title in subsequent dealings in registered land, but | | | | an acknowledgement. |
| delays risk the possibility of dealings in the | | | | If the squatter remains in possession after the |
| property by the vendor. | | | | acknowledgement then time may start running |
| Events that trigger first registration | | | | again. But it will not start running if the |
| There are certain events that mean you must | | | | acknowledgement results in a change in the |
| register the land/property with Land Registry. | | | | relationship between the squatter and the owner |
| When title must be registered | | | | (for example, the grant of a lease or a licence) so |
| Section 4 of the LRA 2002 sets out the events | | | | that the possession is no longer adverse. Once |
| that trigger the compulsory first registration of | | | | the limitation period has expired, any subsequent |
| title. These were updated and extended by the | | | | acknowledgement does not revive the owner's |
| Land Registration Act 1997, and the Act | | | | right of action. A demand for possession from the |
| therefore largely replicates the existing position. | | | | owner does not stop time running. Nor does the |
| First, compulsory registration is triggered by | | | | mere issuing of proceedings which are later |
| specified types of transfer of a qualifying estate, | | | | dismissed, or the making of related applications or |
| which is defined as either a legal freehold estate | | | | objections to Land Registry. Which means that it |
| or a legal lease with more than seven years to | | | | is not enough for someone to say they oppose |
| run. The transfers are those made:i) For | | | | the adverse possession, they must prove it in a |
| valuable or other consideration (which under | | | | court of law before the time is stopped. |
| subsection (6) includes estates which have a | | | | Making an application for registration on the basis |
| negative value);ii) by way of gift (which | | | | of adverse possession |
| subsection (7) provides will include transfers for | | | | - The application |
| the purposes of constituting a trust under which | | | | You must make the application on the Land |
| the settler does not retain the whole of the | | | | Registry form FR1 which is supplied with this pack |
| beneficial interest, or transfers for the purpose of | | | | or can be obtained by going to your nearest Land |
| uniting the legal title and the beneficial interest in | | | | Registry once. Please note the need to attach to |
| property held under a trust under which the | | | | the FR1 a plan showing the land if the verbal |
| settler did not, on constitution, retain the whole of | | | | description in panel 2 of the FR1 is not sufficient |
| the beneficial interest);iii) Under a court | | | | to identify the location and extent of the land on |
| order; andiv) By means of an assent | | | | the Ordnance Survey map. It is rare for a plan |
| (including a vesting assent). | | | | not to be necessary in an adverse possession |
| Under subsection (3), transfers do not include | | | | application. |
| transfers by operation of law (where, for | | | | - The supporting evidence |
| example, an owner's property vests in personal | | | | The evidence will usually consist of one or more |
| representatives on death). Under subsection (4) | | | | statutory declarations. They should be factual and, |
| compulsory registration will not apply to transfers | | | | ideally, will be in the declarant's own words rather |
| involving: | | | | than in language copied from precedent books. |
| - i) the assignment of a mortgage term | | | | The declarants should expressly state their means |
| (where there is a mortgage by demise or | | | | of knowing the facts, if not implicit in the |
| sub-demise, and the mortgagee assigns the | | | | declarations. |
| mortgage by transferring the mortgage term); or | | | | Information from third parties who have |
| - ii) Where a lease is assigned or | | | | observed the position on the ground but may |
| surrendered to the owner of the immediate | | | | have no knowledge of the squatter's intentions or |
| reversion where the term is to merge in that | | | | dealings with the owner will usually carry less |
| reversion (because the estate transferred | | | | weight than the squatter's own declaration. |
| disappears). | | | | However, statutory declarations from neighbours |
| 30. Registration will be compulsory where | | | | and other third parties, sent in with the squatter's |
| section 171A of the Housing Act 1985 applies (i.e. | | | | statutory declaration, may be useful as |
| where a person ceases to be a secure tenant | | | | corroborative evidence. |
| because his or her landlord disposes of an interest | | | | The statutory declarations should cover all |
| in a house to a private sector landlord (subsection | | | | matters of relevance and, in particular, the |
| (1)(b), replicating the current law)). Compulsory | | | | following: |
| Registration will also apply to the grant of leases | | | | • The circumstances in which the adverse |
| out of freehold land or leasehold, with more than | | | | possession started, giving the date with as much |
| seven years to run, where the lease is granted | | | | precision as possible. |
| for valuable or other consideration, by way of a | | | | • The purpose for which the land has been |
| gift, or under a court order, apart from the | | | | and is being used and the activities carried on |
| exceptions in the section. | | | | there. Statements that the declarant has been "in |
| There is no doubt that Land Registry matters | | | | occupation and/or in receipt of the rents and |
| are long and complicated. | | | | profits of the land" and the like are of little, if any |
| If you do find a piece of unregistered land that | | | | value. |
| you wish to buy and you can agree a price with | | | | • The extent to which the land is enclosed |
| the owner there are several legal points that are | | | | by fences, their nature, who erected them and |
| worth considering, | | | | when, and by whom they have been maintained. |
| - The purchase of the land with an unregistered | | | | If there is a gate, whether there is a lock for it |
| title involves investigation of the title deeds on | | | | and, if so, who has the keys? |
| each transaction | | | | • The name and address of the owner or |
| - Sale of unregistered land triggers first | | | | the person thought to be the owner. |
| registration of the title. | | | | • If the squatter owns adjoining registered |
| - Unregistered land titles are subject to Land | | | | land, the title number in respect of that land. You |
| Charge Act of 1972 | | | | should enclose any pre-registration deeds or |
| - Rights affecting unregistered land must be | | | | documents with the application. If the squatter |
| registered as land charges at land Registry | | | | owns adjoining unregistered land, you need to |
| There are more so it is worth looking into the | | | | send in the title deeds and documents, possibly in |
| legal requirements of registering the piece of land | | | | the form of an examined epitome. |
| with Land Registry. | | | | • Confirmation that the squatter's occupation |
| Unregistered land will always be an interesting area | | | | has not been under a lease, tenancy or licence, or |
| of discussion right up until the day when all land | | | | with the consent of any person. |
| and properties are registered but that day is a | | | | • Any acknowledgement of the owner's title, |
| long way away. | | | | with dates. |
| There are several ways to find out who owns | | | | • Full particulars of any disputes concerning |
| land and several land searches that you can do. | | | | the squatter's possession, with copies of all |
| You should first use a company to perform some | | | | available correspondence or other documents |
| simple land registry searches for you, these can | | | | relating to the dispute. |
| be cheap but immediately let you know who | | | | - Objections and disputes |
| owns the land if it is already registered. Secondly | | | | Disputes involving adverse possession of |
| if the land is unregistered you should immediately | | | | unregistered land tend to arise in one of two |
| perform a Search of the index map to see if land | | | | ways: |
| registry has any information relating to the | | | | • The squatter makes an application for first |
| property. Finally if you still draw a blank you may | | | | registration, Land Registry serve notice on the |
| be best to try and obtain professional help, there | | | | owner (if known) or the owner otherwise learns |
| is at least one company that specialises in finding | | | | of the application, and the owner objects; or |
| the owners of unregistered land. | | | | • The squatter lodges a caution against first |
| So How do you claim unregistered land? | | | | registration, the owner then applies for first |
| Land Registration Act 2002 | | | | registration and the squatter objects. |
| This part explains the correct and legal approach | | | | Any person wishing to object to an application |
| to applications involving adverse possession of | | | | must deliver to the registrar a written statement |
| unregistered land and procedures for making such | | | | signed by him or his conveyancer. It must state |
| applications through Her Majesties Land Registry. | | | | that the objector objects to the application state |
| Under the law as it existed prior to the LRA | | | | the grounds for the objection and give the |
| (Land Registration Act ) 2002, a person who had | | | | objector's name and address to which |
| no documentary title could in certain | | | | communications may be sent. |
| circumstances acquire title to land, registered or | | | | If an objection is received, then the application |
| unregistered, by adverse possession for a | | | | cannot be determined until the objection is |
| minimum period of twelve years under the | | | | disposed of, unless the registrar is satisfied that |
| Limitation Act 1980. However, the doctrine of | | | | the objection is groundless. |
| adverse possession did not easily with the | | | | A squatter needs to take account of these points |
| fundamental concept of indefeasibility of title | | | | before making an application for first registration |
| which underlies the system of land registration. It | | | | based on adverse possession. Even if the |
| is registration, not possession, that vests the legal | | | | application does not lead to court proceedings or a |
| estate in the owner and that person's ownership | | | | hearing: |
| is apparent from the register. The LRA2002 has, | | | | • Land Registry will serve notice on the |
| therefore, reformed the law and relevant | | | | owner (if known), who will thus be alerted |
| procedure and created a new regime which | | | | (perhaps for the first time) to what is happening |
| applies only to registered land. This is guide can be | | | | on his land; and |
| obtained from the Land Registry web page and is | | | | • In limited circumstances the squatter may |
| detailed in Practice Guide 4 Adverse possession of | | | | have to pay the costs incurred by the owner as |
| registered land under the new provisions of the | | | | a result of the squatter's application. |