Easement over common land reduced compensation

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    #16
    Does anyone know?

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      #17
      better ask at your local council offices.

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        #18
        Hello,
        Land Registry has accepted an application to register some land, with my land included in it. My land has now been included with this new title. It's an outrage! LR knew it was my land. I've sent complaints, but it's probably going to take weeks to sort out.
        What do I do? Do I take LR to court? Or the one who made the fraudulent application?

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          #19
          I feel that there is a lot more to this, seemingly ongoing, story that we are not being told about.

          For instance- who has made this application?
          Is it anything to do with (the owner of) the common land you have asked about earlier?

          https://forums.landlordzone.co.uk/fo...d-compensation
          https://forums.landlordzone.co.uk/fo...-2000-replaced

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            #20
            Was your land registered previously?

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              #21
              No it wasn't, but LR knew I had a lease of the land, and I had supplied them with evidence that the other do not own it. I have solid evidence that they do not own it, and that I have a lease, but they ignored everything I said and registered them. I've ordered the documents used to make the application. I will then be able to prove fraud, because they have included my land in the application when their conveyance shows that they do not own it, because it states the acreage and identifies the border. It's shocking that they registered it. So I need to know how to go about rectifying it. Do I complain to LR, and demand it go before a tribunal? Or do I start my own proceedings in the county court? And who against specifically?

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                #22
                Sorry, I'm still trying to get my head around this.

                So you have a lease.
                Which means that you don't actually own the land yourself, you are leasing it off the person who does own it.
                Which makes you a tenant on the land.
                A lease does not give you ownership.

                If the owner sells or gifts it to someone else, (or if they die and someone else inherits), then the new owners are quite entitled to register it in their name.

                What this means for your lease is a different question and would depend on the terms of your lease.

                If it's a third party that has registered the land then it would be up to the owner of the land to challenge this, not any leasee of the land.

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                  #23
                  It is a third party, so when I said LR knew of my lease, it also means they knew about my lessor granting the lease. Their registering the freehold to a third party renders my lease void, therefore ousting me. And they didn't even contact me about it! Seeing that my lease has been voided by this registration, I think I have the right to challenge it. Remember that now they have legal authority to evict me as a trespasser. I must take action against them immediately. So how do I, or my lessor if you prefer, go about doing that?

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                    #24
                    I believe the LR would have offered firstly negotiation and secondly a tribunal if there is a contested right involved? Perhaps the landowner was given this opportunity. However if you have a formal lease you have an interest in the land. I do not see how your lease would be void until it expires? The LR will not allow land to be registered which belongs to someone else unless that someone else agrees to it - I have personal experience of this.
                    Unshackled by the chains of idle vanity, A modest manatee, that's me

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                      #25
                      I can confirm that they did not contact the landowner (my lessor). The third party submitted a conveyance of previously unregistered common land. They own the common land, I do not dispute that. What they wickedly did is they added my land into the application for 1st registration, so that it has been included in the title of the common land. It is to win a land dispute. They were previously trespassing in my land and stealing things. LR knew all about it. I sent them evidence that their conveyance does not include my land. But they went ahead and registered it. So as I said, I need to know how to take action. And who against? LR, or the third party?
                      As the conveyance is dated before the date of my lease, LR acceptance of that conveyance as proof of title voids my lease because they have accepted the claim that they were the freeholder from a date earlier than my lease. It wipes out my lessor's authority to grant the lease. I have an abundance of evidence including the map and acreage log at the Commons Registration Authority at the local council.
                      How do I go about doing it?

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                        #26
                        Again I'm not sure of the full story here;

                        But from what you say there you have been sold a lease by someone who was not entitled to give/sell you a lease.

                        So someone has sold you something that they do not own.

                        If you want to take legal action then it will have to be against the person (company?) who sold you the lease.

                        The owner of the land is probably just as upset about this as you are.
                        (And probably 'removing' things things from their and, not 'stealing' them).

                        Just where the 'common' status of the land is involved is still unclear?

                        But from what you have said then you have been scammed by someone who had no right to sell you a lease for the land in the first pace.

                        These are the people you need to persue, not the owners of the land; who are probably victims themselves.

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                          #27
                          No, you are not listening. Read what I said about the evidence I have.

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                            #28
                            The OP seems to be saying that his "lessor" let the land out in good faith. However, the Land Registry will not accept approaches from the OP because the OP never, in their view, had any interest in the land.

                            I suspect the OP needs to get his "lessor" to take action to rectify the problem. I guess that may involve suing that "lessor" for the cost of the purchase of the lease, or specific performance of the contract to provide the lease, unless the loss of the ground rent is sufficient incentive, in itself, for the lessor to act.

                            In any case, given the confusion it has caused here, and how facts have come out piecemeal, he probably needs face to face legal advice from a specialist professional.

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                              #29
                              I'll repeat the important point one more time, in case anyone wants to address it:
                              The party that has just been registered does not own the land. I have solid evidence of that. The application was fraudulent.
                              So my question is: How do I (or lessor if you prefer) take legal action?

                              Comment


                                #30
                                https://www.actionfraud.police.uk/report_fraud

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