Who owns ajoining land?

[crazygirly]

I live in a Victorian Terrace. To the rear of the row 10 of properties is an overgrown roadway/lane at one end of the row that emerges as a footpath at the other end of the row. This area is constantly being used as a dumping ground for rubbish. Some one should be responsible for this area. The Council cannot tell me who owns the land. I have checked my deeds and the boundary outlined in red does not encompass the pathway in question. I. therefore, believe the pathway, as it passes my property, does not constitute part of my property or my responsibility. Where can I go to find the owner of this land as it bears no address or other identifier? Thanks in anticipation.

[razza]

Possibly Land Registry.

[buildersmate]

As Razza suggests, you can ask the LR to search on a specific location ("land to the east of my property ST123456 etc") to find if the LR has it registered.
It is very possible that no-one owns it.
Fence it, maintain it and see what happens.

[Eve]

As above you can do a search at the Land Registry.

It won't be searchable on the online database on the website if it hasn't got a number and postcode, however, you can send in Form SIM (Search of the Index Map) with a plan attached marking the area (must be properly identifiable so as clear and referenced - ie to public highways - as possible, scaled and with a North point - preferably Ordanance Survey) to be searched.

If you have a title plan for your property, this would be idea to use if you can mark the additional land clearly. It will also show them an adjoining title number.

They used to be free but now cost £5 (unless over title numbers are revealed in which case it is an extra £3 per extra up to 10 titles).

Note that it will only show up registered title numbers, if the land (or parts of it) is not registered at the LR then there will be no title number for that part so much more difficult to trace.

They will send a result with the title numbers on and you can then get copies to check the registered owners. I'd recommend asking for a plan back to see which bits are owned under which separate title numbers, especially if your plan isn't exact as if the boundaries run a little wide they can sometimes include slivers of adjoining property, bumping up the title number count (and potential price, especially when getting copies of title registers) and confusing the matter.

Form: http://www.landreg.go...ary/documents/sim.pdf

You can describe it as "land adjoining/to the rear of (house numbers), (street)" etc... and refer it to section 6 which refers to the plan (eg edged red/hatched black).

Hope this makes sense. Let me know if you need anything explaining more fully.

[moonraker558]

It used to be that if you maintained a piece of land thought to have no owner, after 7 years you could automatically claim this as your own. Worth a try, and if someone does own it they will soon come forward when you start tidying it up.

[Eve]

It;s much more complicated than that, nowhere near that straightforward, involves a number of factors and it takes a lot longer to accrue any such rights I'm afraid. It can also be challenged.

If you google adverse possession you will find further information - there is some technical guidance on the Land Registry website for practitioners as it is initially up to the LR as to whether possessory title can be granted. There are different rules for registered and unregistered land.

[buildersmate]

............ and it never was 7 years in the first place - it was 12.

[bushbaby_de]

If you check your deeds it might refer to easements or rights of access to the land, in common with other landowners etc etc....