Claiming Adverse Possession: Disused electricity substation - Advice Needed Please

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  • Lawcruncher
    replied
    Originally posted by pilman View Post
    It seems that an 80 year lease was granted to the Electricity company by the development company, which may be the registered proprietor of the freehold title, while the electricity company has a leasehold title.

    If that was the situation you can only claim to be in possession against the leaseholder, so that you could remain in possession for the remaining term of the lease.

    After the term of the lease expires, then the freeholder can start legal proceedings to evict you if it can be bothered to reclaim this parcel of land that it has had no use of since it granted a lease.

    Time would start running against the freeholder once the term of the lease has passed, so depending on whether the land is registered or unregistered the period of adverse possession will need to be for at least 10 years after the lease expires.
    I agree with the above.

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  • SouthernDave
    replied
    Originally posted by Paul1976 View Post
    I am not certain why the substation was never built, but I know there are two 11kv cables under the ground. These do not detect as live, but sometimes hv cables which are live, are difficult to detect, due to them been screened and heavily insulated.
    What experience do you have of tracing cables? Be very careful if you think you know where they are…
    im speaking as someone who owns a surveying company who map buried utilities…

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  • pilman
    replied
    I now have the deed title info and plan from the land registry, which shows the correct piece of land and this is owned by an electricity body, for a stated 80 years. This was from the construction firm who purchased the land to build a housing estate.
    It seems that an 80 year lease was granted to the Electricity company by the development company, which may be the registered proprietor of the freehold title, while the electricity company has a leasehold title.

    If that was the situation you can only claim to be in possession against the leaseholder, so that you could remain in possession for the remaining term of the lease.

    After the term of the lease expires, then the freeholder can start legal proceedings to evict you if it can be bothered to reclaim this parcel of land that it has had no use of since it granted a lease.

    Time would start running against the freeholder once the term of the lease has passed, so depending on whether the land is registered or unregistered the period of adverse possession will need to be for at least 10 years after the lease expires.

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  • nukecad
    replied
    Surely your first step is to contact the electricity distributor?

    Whatever you (can) do the cables, live or not, are their property/responsibility so they will have to be involved at some stage.

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  • Lawcruncher
    replied
    When did the 80 years start?

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  • Paul1976
    replied
    Hi, I am in a similar situation, except I have had the property for over 14 years, all of which the designated land for the intended substation (this was never built, even though there are 11kv cables under the concrete slab where it was intended to be built), has been incorporated into the perimeter of my property.
    I now have the deed title info and plan from the land registry, which shows the correct piece of land and this is owned by an electricity body, for a stated 80 years. This was from the construction firm who purchased the land to build a housing estate.
    I am not certain why the substation was never built, but I know there are two 11kv cables under the ground. These do not detect as live, but sometimes hv cables which are live, are difficult to detect, due to them been screened and heavily insulated.
    I am hoping to claim this land, as I would like to build a garage within this area. I firstly would like to know what the chances are of claiming the deed to this land, as it has had no access for any maintenance in the last 14 years by the owner and I have actually maintained it myself and also, if I was to be successful in claiming the land as my own, I would ensure the cables are accessible in the future, should they require any preventative maintenance/ repairs.

    Any help with this matter would be much appreciated.

    Leave a comment:


  • malix185
    replied
    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.

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  • pilman
    replied
    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.

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  • theartfullodger
    replied
    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...

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  • JK0
    replied
    Visit a solicitor.

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  • malix185
    replied
    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

    Leave a comment:


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

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  • malix185
    replied
    Thanks Pilman, will do LR on monday. Thanks for all your help

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  • pilman
    replied
    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.

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  • malix185
    replied
    My bad... newbie here

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