Land regulations

[ladybarbara]

Hello. We live next door to a youth centre, formally owned by the Council, which is now in the planning stages of being bought, demolished and built as flats.
There is a piece of land , about 15 ft by 9ft, owned by the club / council which we have used, fenced and gated for at least 15 years at the side of our house. We were granted this by the co ordinator / manager of the club, but we can find no paper work
This bit of land doesn't seem to appear on the plans.
When we meet the planning officer I would like to be able to argue our case
Can you help with the legal terms? I understand there is a 12 year rule.
I would be very grateful for any help or direction
Barbara

[buildersmate]

In your own terms, you were 'granted this'. This goes against a potential claim that you might have had for a claim on the land by Adverse Possession' - the interpretation that you are putting upon the 12 year rule.
Claiming land under Adverse Possession may apply when you have taken possession of, and maintained a piece of unregistered land for more than 12 years, after which it is possible to claim the land as your own.
The rules were changed in 2002 and for registered land (registered at the Land Registry, that is) it is pretty impossible to register absolute title.
Don't get confused between the council's 'planning officer' and ownership of the land - the Land Registry controls the latter - planning is to do with what structures can be built on the land.
You need to see what the Council has registered in the councils' title at the LR here.
http://www.landregistry.gov.uk/www/wps/portal/ !ut/p/c1/04_SB8K8xLLM9MSSzPy8xBz9CP0os3gfN1MTQ wt381AP0xAXAyNzCw9jsxBnYwN_M_1wkA68KgqysxUBKVJ ImQ!!
If you find it is still owned by them, offer a nominal sum - if the piece is of no practical use to anyone else.

[buildersmate]

Sorry - 1st sentence not well explained.
The reason why being granted it goes against the law on Adverse Possession is because AP applies when you take a piece of unregistered land without the knowledge or permission of the owner and maintain it for more than 12 years. You seem to have had permission, even if no paperwork.

[ladybarbara]

Thank you for your answer. Perhaps 'granted' was the wrong word. This land had been used by previous owners for car parking, we bought the house 1971 and cultivated the weedy land, fenced and gated it, before the 80's when it was said - verbally - that it was OK. It saved them having to upkeep it.
Our house was built 1883 and used to be a part of the adjoining land before the council bought it for their youth centre
Are you saying that the 2002 rule cancels out any adverse possession before then?
An employee of the council has bought the youth centre. I think it's too late to offer a nominal sum as they are assuming, according to the plans, that all the land is theirs.
Do you think we have a case to make?
Thank you very much

[buildersmate]

In 2002 the law was changed such that claiming land using Adverse Possession if the land in question is registered became very much more difficult. If not impossible. That is why you need to know if the land is registered as being owned by the council (or indeed anyone).
If it is not registered it sounds like you have a good case. Keep maintaining it and don't talk to the council about it (or anyone else) until you have made the initial claim at the LR.

[ladybarbara]

Thank you for your help. We saw a planning officer today and we have to put our objections in writing to various people. He didn't know if the council land was registered or not, or much else really
Wish me luck!
Barbara

[ladybarbara]

Hello. I wrote to the Land Registry as you suggested, they answered today. They say on two separate forms that both the youth centre and our house is
"No registered estate, caution against first registration or application for first registration or application for a caution against first registration is shown on the index map in relation to the property"
They then say that 'voluntary land registration is a straight forward and efficient process that establishes proof of ownership and helps protect it.'
They offer 25% discount off full registration fees.
What should I do? Do you know what the charge would be?
Will that protect our piece of land that we have used for over 30 years?
I so hope you can help or direct me
Regards

[ladybarbara]

Hello. Please don't abandon me!
Just tell me, do I now register our house and send a plan of the disputed area, and where do I do this?
Thank you very much for your help