Claiming Adverse Possession: Disused electricity substation - Advice Needed Please

[malix185]

I needed some advice before we decide what route we can take. Hope you can help.

The current home I live in used to belong to my mother and brother before I brought it from them just over a year ago. The house has been in our family name for around 30 years.

Next to our house was an electricity substation which was working 30 years back but within a few years of us moving into the house the electricity company, (whoever they were at the time) removed the substation from the land and locked it up again, so for over 20 years the land has been empty.

Around 16 years back the fence between our front garden and the empty substation collapsed and instead of us putting the fence back up we cleaned up the area and included it into our front garden. The large fence which had fallen down the family had put up blocking the gate with the padlock on it so nobody actually had access into the land except us.

Now after all that time had past, my wife and I purchased the house from my mother and brother. The land registry plan doesn't show the empty substation land as being part of our front garden but after reading your article I wondered is there anything I can do to register the land now even though it has only been over a year I own the house now but the land had been part of the front garden for around 16 years and not once did anyone from the electricity company nor the council arise and concerns as to it being part of our garden.

Hope you can help us in this matter as I don't know what is the best course of action to take

[JK0]

You will need to visit a solicitor. Also your mum & brother will need to make statutory declarations about this. Solicitor will advise.

[malix185]

Thanks for the reply JKO. It was originally taken over by my father while the house was in his and my mothers name. Last few years they have both passed away and I brought the house off my brother and mother while my mother was still alive. Also my brother doesn't live in the UK anymore... plus we're not on good speaking terms anymore so dont think he will be happy to help me in this matter.
But I read online that aslong as the new home buyer knows it has been part of the property before 2002 it should be pretty straight forward.
Wanted some advice here before going to solicitors as I see alot of you guys are pretty clued up about this matter.

[LondonSW]

I am not a Solicitor, or neither I have a deep knowledge on the subject, BUT it looks like your father and mother entered in adverse possession, NOT you, hence the situation may be more complicated then initially thought and professional advise is really needed.

[malix185]

Hi Lawcruncher,

Sorry for hijacking an old post but needed some advice from you regarding adverse possession. You seem very knowledgeable in this fand I'd like to pick your brain.

The home I live in used to belong to my mother and brother before I brought it from them just over a year ago. The house has been in our family name for around 30 years.

Next to our house was an electricity substation which was working 30 years back but within a few years of us moving into the house the electricity company, (whoever they were at the time) removed the substation from the land and locked it up again, so for over 20 years the land has been empty.

Around 16 years back the fence between our front garden and the empty substation collapsed and instead of us putting the fence back up we cleaned up the area and included it into our front garden. The large fence which had fallen down the family had put up blocking the gate with the padlock on it so nobody actually had access into the land except us.

Now after all that time had past, my wife and I purchased the house from my mother and brother. The land registry plan doesn't show the empty substation land as being part of our front garden but after reading your article I wondered is there anything I can do to register the land now even though it has only been over a year I own the house now but the land had been part of the front garden for around 16 years and not once did anyone from the electricity company nor the council arise and concerns as to it being part of our garden.

Hope you can help us in this matter as I don't know what is the best course of action to take

[Moderator2]

Hi Lawcruncher,

Sorry for hijacking an old post but ...

Please don't multi-post the same question, stick to this one thread.

[malix185]

My bad... newbie here

[pilman]

You need to establish whether the electric company land is registered with Land Registry because there are two different methods of claiming ownership under adverse possession.

Use the Land Registry web-site and do a map search. Type in your own address and then on the Birds Eye view map position the circle over the land next to your house.

There will then be search made by the software and a list of the properties that are within the on-screen circle will be displayed.

If there is mention of a registered property other than your own then use a credit or debit card and spend £6 to down-load a copy of the register and title plan.

Once it is known whether the land is registered or not that is when advice can be given as to how to go about claiming ownership by making an application to Land Registry.

Because you have personal knowledge of the circumstances under which possession was started by your immediate family you can prepare a statement of truth that would be required to support any claim to have been in adverse possession for the required period of time. That will include all of the period when your father and mother went into possession because you are the immediate successor in title to that land if adverse possession started when you say it did.

It is certainly possible to make an application to Land Registry without requiring the services of a solicitor, as long as all facts regarding current ownership can be established.

Spending the £6 fees required by Land Registry is the first essential step to take. Then you can read the Land Registry documentation that explains the procedure for making an application to be registered as the proprietor of the land now being possessed.
There is a different requirement for registered and unregistered land, although both procedures can be dealt with by anyone capable of reading and writing English. It's not that complicated.

[malix185]

Thanks Pilman, will do LR on monday. Thanks for all your help

[pilman]

The web-site is available 24/7 so you should already have done it.

[malix185]

Hi, I've done a search and it doesn't belong to no one. Also on my previous property deeds it shows that the property had 6ft of land going into the disused small plot of land, which measures around 12ft. What is my best option? Do I need to get a solicitor involved or do I just contact land registry direct so they can amend their files? Advice needed please

[JK0]

Visit a solicitor.

[theartfullodger]

It obviously belonged/belongs to someone. There may be "interesting" high-voltage electric cables there ( I wish to die in my bed..). Contact solicitor and there must be an industry body for such things...

[pilman]

Hi, I've done a search and it doesn't belong to no one. Also on my previous property deeds it shows that the property had 6ft of land going into the disused small plot of land, which measures around 12ft. What is my best option? Do I need to get a solicitor involved or do I just contact land registry direct so they can amend their files? Advice needed please

If that search was done using the map search facility, there is one other thing to do to confirm that this parcel of land remains unregistered.
Use the Land registry web-site shown below and complete the details about this land, possibly by referring to it as "land adjacent to your postal address"

https://eservices.landregistry.gov.u...SearchIndexMap

The web-site will generate a SIM form which is for a Search of the Index Map and you will need to send this to the address shown on screen when the form is downloaded.
You could use your own title plan with the land next to your property clearly identified using a colour other than red.
This can then be included with the SIM form when it is sent to Land Registry with a cheque for £4.

When a response is received from Land Registry that will confirm whether or not this land is registered or unregistered.

I suggest you do this because the type of application for adverse possession does differ depending on whether land is or is not registered.

This web-site allows Private Messages to be sent to a poster, so if you need more assistance when you know for a fact what is the status of this land, then send me a PM and I can advise you further about the correct procedure to make an application to Land Registry to be registered as owner of this land.

[malix185]

Thanks for your advice and help pilman. I checked on my plans and I already own 6ft x 6ft of that land. It was with the property previously. Its just the additional 6ft of land that i will need to enquire about.