First Registration

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    First Registration

    My father bought a private petrol station in 1984 from a large plc's estate, this was situated opposite his haulage company premisses also formerly part of the plc's estate, he believed at the time that a surounding roadway and verge was part of the station and maintained the road and used the verge for storage for 25yrs. Some twenty years later he sold the petrol station (only) and few years after that left his haulage premisses in 2000. The PLC ceased trading in 1998. In 2002 an adjoining land owner to the verge fenced off the verge and squatted on it. My father realised this and approached him to remove the fence, the squatter refused. My father then fell ill and passed in 2006.

    I took over the problem and realised that the road and verge was still unregistered and was not legally conveyed with the petrol station. I attempted to remove the squatter and placed a container on the land which ended up in court in 2009 both claiming adverse possesion. I lost and he holds an injunction on me.

    After researching the PLC's break up of their larger estate in the 70s and 80s I became aware of their Historic Deed that from which they sold the smaller parcels from. All the parcels were sold from this deed apart from the roadway and verge which the plc had a private roadway built at the time because they still used the petrol station and from the conveyances of the smaller parcels had covenants that the purchasers all contribute to the maintenance of the roadway.

    The PLC who ceased trading in 1998 were bought by another company and they owned all their assets, but had no paperwork, deeds or documents. I obtained a certified copy of the historic deed of the original PLC and approached the new owners and proceeded to buy the beneficial and equitable rights to the roadway and verge from this deed.

    I then tried to register the land under first registration, the squatter put in an objection. LR demanded all conveyances for the surrounding land which I provided. This confirmed that the residual land had not been conveyed, they then demanded the original deed or application for lost deed I continued searching for original to no avail and lodged lost deed application. They ultimately refused the application on the grounds that i provide the original as their may have been a transfer post 1984 although unlikely!

    I have searched everywhere for this deed but it simply doesn't exsist. I even have all deeds and documents from the original plc's solicitors signed over to me. And the only document relating to the road/verge is a certified statement and plan saying the plc own the roadway for an underground electric cable layed in the 70s.

    My last throw of the dice before the squatter reaches his 12 years occupation is to resubmit the application and be passed to the LR adjudicator but I feel he will just side with LR?

    I know that this is very complex but I would really appriciate any advice.

    #2
    Brief Counsel now and get them to represent you at hearing.

    The adjudicator is independent I would have confidence they will not simply be a rubber stamp.

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      #3
      Thanks for this advice.

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