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Legal matters

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Land ownership

59 replies

Nickypx3 · 10/05/2025 21:42

Hi everyone. I could do with some help as I feel I have gone down every avenue I can think of and am coming up with no answers. We live on a street with a row of terraced houses which is a dead end at the top. Tucked away in the top corner is a little area which is perfect to park my car (we also have parking outside our house big enough for one car) but as we are a two car family, I’d like to claim/buy the piece of land. I have asked the neighbours if they know who it belongs to and nobody has a clue and I have searched title deeds. The Title Register for the area has belonged to the same person since 1984 and none of the neighbours have ever heard of him. I’m really not sure what to do now. Could I just claim it as adverse possession and mark it as private?? Any help it advice would be appreciated. Thank you 😁

OP posts:
DuckBee · 11/05/2025 21:30

Have you checked gov.uk probate search? They could have died and it may belong to their beneficiaries?

Nickypx3 · 11/05/2025 21:33

TheNightingalesStarling · 11/05/2025 15:26

You still need proof that you've been using it for 12 years.

I'm involved in a claim at the moment (as a charity trustee) and we are having to collate a lot of evidence. And this is fir land everyone thought we did actually own (including the registered owner)... weve been using it since the 90s at least.

Thank you for this. I think the best thing for me to do is get a conveyancer and ask their advice 😊

OP posts:
Nickypx3 · 11/05/2025 21:34

DuckBee · 11/05/2025 21:30

Have you checked gov.uk probate search? They could have died and it may belong to their beneficiaries?

Ooh this is interesting. I never thought of that. That’s good advice, thank you.

OP posts:
BlackPantherPrincess · 11/05/2025 21:42

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

No I’m a property solicitor and have already commented on another post where you asked this - just to be ignored. Free advice but deaf ears!

Hoppinggreen · 11/05/2025 21:48

You seem lovely, I hope you get the result you deserve

Annascaul · 11/05/2025 21:51

Hoppinggreen · 11/05/2025 21:48

You seem lovely, I hope you get the result you deserve

Oh, she will 😁

Nickypx3 · 11/05/2025 22:01

Caterina99 · 11/05/2025 10:58

Write to the owner at the address on the title asking if you can buy the land and see what happens?

The address is a few doors up from my house and he doesn’t live there. Nobody has ever heard of him

OP posts:
TiswasPhantomFlanFlinger · 11/05/2025 22:04

Hoppinggreen · 11/05/2025 21:48

You seem lovely, I hope you get the result you deserve

Well said.

Nickypx3 · 11/05/2025 22:07

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Nickypx3 · 11/05/2025 22:10

Hoppinggreen · 11/05/2025 21:48

You seem lovely, I hope you get the result you deserve

That’s lovely, thank you. I just wanted some advice and guidance from someone who may be able to give it. I have certainly received that from a few of you. Take care 😊

OP posts:
Nickypx3 · 11/05/2025 22:10

TiswasPhantomFlanFlinger · 11/05/2025 22:04

Well said.

😊😊😊

OP posts:
Caterina99 · 11/05/2025 22:21

Nickypx3 · 11/05/2025 22:01

The address is a few doors up from my house and he doesn’t live there. Nobody has ever heard of him

Ah ok that is more challenging. I assume this person has long since moved away and forgot to sell the bit of land along with the house. They could be pretty long dead too so the land could’ve gone to their beneficiaries (who may have no clue)

I agree with whoever upthread suggested a probate search might help. And probably speak to a solicitor. Hope you get some answers

Nickypx3 · 11/05/2025 22:37

Caterina99 · 11/05/2025 22:21

Ah ok that is more challenging. I assume this person has long since moved away and forgot to sell the bit of land along with the house. They could be pretty long dead too so the land could’ve gone to their beneficiaries (who may have no clue)

I agree with whoever upthread suggested a probate search might help. And probably speak to a solicitor. Hope you get some answers

It is challenging for sure. I’m going to call a local conveyancer in the morning. At least I now have a starting point. Thank you lovely 😊

OP posts:
Rollercoaster1920 · 11/05/2025 22:49

You could probably go back through the contents of the house where the owner used to live to give you a date for when they sold that house. That would be a useful date to then search probate records.
It might be that the plot of land was mixed when they sold. Had any maintenance been done since you've lived there?

Nickypx3 · 11/05/2025 23:46

Rollercoaster1920 · 11/05/2025 22:49

You could probably go back through the contents of the house where the owner used to live to give you a date for when they sold that house. That would be a useful date to then search probate records.
It might be that the plot of land was mixed when they sold. Had any maintenance been done since you've lived there?

The lady who lives there now doesn’t remember the names of the previous owners. It’s frustrating but just one of them things. My husband and I have maintained it for years, well if you class trimming back the bushes so we can park there. It seems we should have put a fence up when we started using it as this was around 13 years ago.

OP posts:
crumblingschools · 11/05/2025 23:59

Does anyone else ever park there?

Another2Cats · 12/05/2025 07:27

Nickypx3 · 11/05/2025 23:46

The lady who lives there now doesn’t remember the names of the previous owners. It’s frustrating but just one of them things. My husband and I have maintained it for years, well if you class trimming back the bushes so we can park there. It seems we should have put a fence up when we started using it as this was around 13 years ago.

"It seems we should have put a fence up when we started using it as this was around 13 years ago."

Putting up a fence isn't the only way - it's just that that is the easiest and clearest way of doing it.

If you have been maintaining the land and using it exclusively for 13 years then it is definitely worth speaking to a solicitor who has experience in this area.

That won't necessarily be a conveyancer.

Nickypx3 · 12/05/2025 08:07

Another2Cats · 12/05/2025 07:27

"It seems we should have put a fence up when we started using it as this was around 13 years ago."

Putting up a fence isn't the only way - it's just that that is the easiest and clearest way of doing it.

If you have been maintaining the land and using it exclusively for 13 years then it is definitely worth speaking to a solicitor who has experience in this area.

That won't necessarily be a conveyancer.

Ooh thank you for this. I will give a solicitor a call today.

OP posts:
RareGoalsVerge · 12/05/2025 08:21

The land probably properly belongs to the new owners of the house a few doors away that is the registered address in the Land Registry.

The most likely explanation is that when the original owner sold that house on your street, it was advertised as coming with this nearby plot for parking, but the conveyancer made a mistake and failed to sort out the land registration for the attached plot. The unfindable legal owner probably believes he already sold it.

Why do you deserve to own this land? Surely you have no more of a claim to it than any other neighbour?

It would be better to form a community group with your neighbours and apply for the land to be declared as common land for the benefit of all rather than one person selfishly trying to take private possession. If any one person does try to establish legal ownership of it, it should be the neighbours who live in the house that its original owner lived in, not you.

BlackPantherPrincess · 12/05/2025 09:23

Another2Cats · 12/05/2025 07:27

"It seems we should have put a fence up when we started using it as this was around 13 years ago."

Putting up a fence isn't the only way - it's just that that is the easiest and clearest way of doing it.

If you have been maintaining the land and using it exclusively for 13 years then it is definitely worth speaking to a solicitor who has experience in this area.

That won't necessarily be a conveyancer.

I agree a fence isn’t the only way but it would be very difficult to establish factual possession without a fence - OP parking there occasionally won’t satisfy the Land Reg. Unless her car is off the road and hasn’t moved for 12 years that is.

Nickypx3 · 12/05/2025 16:27

RareGoalsVerge · 12/05/2025 08:21

The land probably properly belongs to the new owners of the house a few doors away that is the registered address in the Land Registry.

The most likely explanation is that when the original owner sold that house on your street, it was advertised as coming with this nearby plot for parking, but the conveyancer made a mistake and failed to sort out the land registration for the attached plot. The unfindable legal owner probably believes he already sold it.

Why do you deserve to own this land? Surely you have no more of a claim to it than any other neighbour?

It would be better to form a community group with your neighbours and apply for the land to be declared as common land for the benefit of all rather than one person selfishly trying to take private possession. If any one person does try to establish legal ownership of it, it should be the neighbours who live in the house that its original owner lived in, not you.

Thank you for your comment but you’re only making assumptions on the land belonging to the current owner. The house has changed hands four times that I’m aware of in the time I have lived there so I doubt this ‘mistake’ has been made that many times by a conveyancer.

I don’t deserve to own it, I have never said that I do. I’m not entitled at all and if you’ve read any of my comments on this thread you’ll see that I’m happy to pay for it but this proves difficult when I don’t know who it belongs to!

it’s quite mean of you to call me selfish when you don’t know me or the circumstances as to why I want to buy it. All I wanted was some advice on how I go about finding the owner, not to be (wrongly) made to feel like I’m someone so full of self importance that you’ve made me feel a little shitty about myself. Thanks for that!

OP posts:
Nickypx3 · 12/05/2025 16:33

crumblingschools · 11/05/2025 23:59

Does anyone else ever park there?

Generally not

OP posts:
Another2Cats · 13/05/2025 18:30

BlackPantherPrincess · 12/05/2025 09:23

I agree a fence isn’t the only way but it would be very difficult to establish factual possession without a fence - OP parking there occasionally won’t satisfy the Land Reg. Unless her car is off the road and hasn’t moved for 12 years that is.

A quick question for you (I hope you don't mind) - and this is a genuinely serious question, I would be interested in the response from a professional in this area.

The OP states that she has been parking her car there for 13 years. But what about if she had been parking there for 20 years?

Would that create a prescriptive right of way to park her car there?

Annascaul · 13/05/2025 18:32

Another2Cats · 13/05/2025 18:30

A quick question for you (I hope you don't mind) - and this is a genuinely serious question, I would be interested in the response from a professional in this area.

The OP states that she has been parking her car there for 13 years. But what about if she had been parking there for 20 years?

Would that create a prescriptive right of way to park her car there?

She has zero proof that she parked there, or that other people didn’t.

Another2Cats · 13/05/2025 18:35

Annascaul · 13/05/2025 18:32

She has zero proof that she parked there, or that other people didn’t.

A statement of truth?