Adverse Possession of abandoned building

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Adverse Possession of abandoned building

    Hi

    My husband and I recently found an abandoned building which we now have dreams of renovating. I've been doing searches to try and find out who owns the property, so far with no luck. I believe the property has been abandoned for some 30-40 years and is not on the Land Registry search. They have advised I search on the index map so I've done the form and that will be going in the post in the next few days.

    My question is what chance do we have of gaining title deeds in 12 years after adverse possession when the property isn't even in our home town?

    I understand we would need to put up a private property sign, and a fence to show possession. The building is currently overrun with nature so we would start to do some work on it, would that be enough to show we have an interest in the property? We'd be going to the property at least every other weekend to start clearing it, but presumably it's unwise to do anything that requires investment in case the application is rejected?

    Do we need to send anything to the LR now or are they only interested in an application in 12 years?

    I appreciated any help and information you can give

    Sabre

    #2
    To be in adverse possession you need to be in possession in a meaningful way. Putting up "Keep Out" signs, having a pic-nic once a year in the garden, mending the fence and mowing the lawn are not enough. It has to be more or less equivalent to what an owner-occupier would do. If the building is still derelict in 12 years time the LR are not going to be persuaded that you were in adverse possession.

    There is nothing you can do at the Land Registry

    Comment


      #3
      Thanks for your reply.

      We would start to do work to the building, but I wasn't sure of the legal aspects of that. Are there rules as to what you can do to someone else's property, even if the owner can't be found?

      The project itself would take quite a few years and we'd need to start with getting a structural engineer to look at the building in the first place. I'm concerned about paying out a lot of money and doing years worth of work for the owner to turn up and take it back in a few years (but less than 12).

      Comment


        #4
        You cannot get away from the fact that any money you put into renovations is at risk until 12 years have elapsed.

        Comment


          #5
          Sabre,
          Is this clearly a residential building?

          Comment


            #6
            Hi

            No, it's a derelict water mill

            Comment


              #7
              That's fine.
              As I mentioned in the private message, you can have legal title registered with land registry immediately, without waiting 12 years.

              Comment


                #8
                Interesting..can you elaborate more or put some link? Even in PM. Thanks!

                Comment


                  #9
                  Originally posted by luketj View Post
                  That's fine.
                  As I mentioned in the private message, you can have legal title registered with land registry immediately, without waiting 12 years.
                  I think I missed the announcemnt on that.

                  Comment

                  Latest Activity

                  Collapse

                  • Reply to Exchange and Completion on the same day
                    by The Expert
                    Exactly that...
                    20-06-2021, 23:31 PM
                  • Exchange and Completion on the same day
                    by jjsmi7h
                    Hi,


                    We had found a chain free property in December and agreed a price, got mortgage offers approved so on by the beginning of Feb this year. However, we suddenly learnt in Feb that the seller is not actually chain free and he was looking to by as well. Although not very happy, we...
                    13-06-2021, 10:50 AM
                  • Reply to Exchange and Completion on the same day
                    by jjsmi7h
                    Hi Expert,


                    as an example, lets assume that Person A (me - at the bottom of the chain) buying from Person B for 500, and B is buying from Person C for 400 and again assume that no mortgages involved. So, what you are saying that we can pay directly 400 to C, and then remaining 100...
                    20-06-2021, 20:00 PM
                  • Reply to Exchange and Completion on the same day
                    by jjsmi7h
                    In our case, we are at the bottom of the chain as we are not selling but just buying.

                    I am still not sure how we can technically send money directly to the top of the chain - we do not have the full list of the properties and solicitors involved in the entire chain. I believe we have 4...
                    20-06-2021, 10:52 AM
                  • Reply to Exchange and Completion on the same day
                    by The Expert
                    Hi jjsmi7h, a simultaneous with 4 properties in the chain and requesting funds on a Friday for a SIM on Monday is a logistics nightmare. Especially if there are mortgages to redeem on each property. It can be done, of course, but keeping this simple, all parties in the chain need to synchronise. Each...
                    20-06-2021, 09:46 AM
                  • Reply to Exchange and Completion on the same day
                    by jjsmi7h
                    thanks Expert,

                    so, lets assume that exchange and completion will simultaneously happen on 28th of June, Monday. I assume that we can request the funds to be in my solicitor's account on 25th of June, Friday. So, we can confirm that we will pay any cancellation fees of the parties involved...
                    19-06-2021, 17:33 PM
                  • Prescriptive Easement & Unknown Land Owner
                    by amyr123
                    We are in the process of buying an unregistered Grade 2 listed cottage, which is a deceased estate, but the son lives next door and is selling it. When we received the Title Deeds it was evident that the driveway to the side of the property did not look like it was included in the boundaries. Our solicitors...
                    17-06-2021, 21:23 PM
                  • Reply to Prescriptive Easement & Unknown Land Owner
                    by Lawcruncher
                    My thinking. To be strictly accurate, the highway authority owns the top two spits if the road is a highway maintainable at public expense, rather than the other way round, but what is the authority doing owning the surface if the road is not such a highway? It does not make a lot of sense....
                    19-06-2021, 16:03 PM
                  • Reply to Prescriptive Easement & Unknown Land Owner
                    by pilman
                    I had copied that sentence before reading the rest of this thread, because that is how an adopted public highway is described.

                    It becomes a highway maintainable at the public expense, with the top two spits owned by the highway authority, while the sub soil remains owned by the original...
                    19-06-2021, 15:44 PM
                  • Abandoned registered house
                    by Al2021
                    There’s a house on my road that’s been empty for 7 years and the gardens are used a as tip and overgrown, it has a owner registered from the search I have done with LR and he no longer lives at that address, and also he has unpaid council tax orders. My question is can I claim the house make it...
                    19-06-2021, 01:13 AM
                  Working...
                  X