Can You "Claim Registered Land" Uk

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You can also claim registered land in UK not just unregistered which most people seem to think.
The fact that the Land Registry receives tens of thousands of applications every year for title transfers through adverse possession and that 50% of them are successful is pretty amazing
The Land Registry Act below Even States This
The Land Registration Act 2002 has created a new regime that applies only to registered land. This new regime is set out in Schedule 6 to the Act. It makes it more likely that a registered proprietor will be able to prevent an application for adverse possession of their land from being completed. The following paragraphs provide a brief overview of the new regime; the remaining sections of this guide discuss it in more detail.
adverse possession of registered land for 12 years of itself will no longer affect the registered proprietor’s title
after 10 years’ adverse possession, the squatter will be entitled to apply to be registered as proprietor in place of the registered proprietor of the land
on such an application being made the registered proprietor (and certain other persons interested in the land) will be notified and given the opportunity to oppose the application
if the application is not opposed (by ‘opposed’ we mean that a counter notice is served; see Giving counter-notice to the registrar in response to notice. Instead, or at the same time, the registered proprietor may object to the application on the ground that there has not been the necessary 10 years’ adverse possession; see Objecting to the squatter’s application for the implications of such an objection.), the squatter will be registered as proprietor in place of the registered proprietor of the land
if the application is opposed, it will be rejected unless either
it would be unconscionable because of an equity by estoppel for the registered proprietor to seek to dispossess the squatter and the squatter ought in the circumstances to be registered as proprietor
the squatter is for some other reason entitled to be registered as a proprietor
the squatter has been in adverse possession of land adjacent to their own under the mistaken but reasonable belief that they are the owner of it, the exact line of the boundary with this adjacent land has not been determined and the estate to which the application relates was registered more than a year prior to the date of the application.
in the event that the application is rejected but the squatter remains in adverse possession for a further 2 years, they will then be able, subject to certain exceptions, to reapply to be registered as proprietor and this time will be so registered whether or not anyone opposes the application
#claimfreelanduk #advrersepossetion #freeland
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[@thesmallfarmerlife]

All land has owners now whether they are registered or not there are still owners out there..? You probably have more chance of claiming a piece of land that has not changed hands for the last 20 years and is in the right state and un-kept. Then unregistered land belonging to an estate or manor house etc So if you are looking to claim land I would not overlook registered land, if it's unkept and uncared for then you have a good chance and i9t will probably be better quality land.

[@AndreaDingbatt]

@SmallFarmerLife Namasté 🙏 I'm sorry to bother you but did you get the email from me?! I am not great at all the wrechnology stuff so chances are I sent the email to the wrong address?! Peace, Love, Light and Joy to You and Yours from, Andrea and Critters. ...XxX...

[@Mickey-Hiens]

Just a quick question I have found a small parcel of woodland that has a rusted padlock on the gate. The fence around the property has been trodden down by people using the land. Would I be ok to take off the current lock and replace it with one of my own and put up private property sign with my number on. Cheers buddy

[@katedodds207]

What website is it to check for land in wales please is the website free??

[@marks-0-0]

@@Mickey-Hiens yes just do it openly and within the rules as Craig explains

[@Mickey-Hiens]

@@katedodds207 sorry the land I found was in Kent

[@hiilikeyourbeard]

great video as always man! here in a state called Montana in the USA adverse possession of registered land only takes 5 years! Amazing

[@thesmallfarmerlife]

Wow if that was the case here no land would be safe lol. Thanks for watching appreciate you taking time to watch and comment Thanks Craig

[@hiilikeyourbeard]

@@thesmallfarmerlife hehe. and it's not ;)

[@Pika-y9t]

Craig, I’ve been binge watching 😂. Your answering all my questions, see you when you hit this way in your Van 😊

[@nadineprice1753]

Take pictures and geo location with your don't trespass sign and mobile number. Keep all receipts for work u do and any rental income. Intermittently keep taking pictures of your work on land and geo location video of the whole border of property and your new fencing etc. You must make effort to speak to neighbours so they don't panic and think your going to make trouble for them. So if u move onto the land they feel safe and don't make a complaint. Be respectful and also ask local post office, local pub etc what they know about the land history.

[@thesmallfarmerlife]

Well said couldnt have put it better myself

[@marks-0-0]

I've got a woodland in mind that is unregistered. Its long and thin with one the thin end boundary open to the road. The rest of the wood is surrounded by farm fields which is registered to a company not local to the area. The wood is not well kept but had a few trees felled about 12 months ago and it looks like someone did or does feed pheasants on there. As the farmland is registered many miles away its hard to see which local farm operates the land and who has been in the wood. My confusion is if the wood is used by the person who farms the surrounding fields why isn't the wood registered to the company who owns the farmland.

[@AndreaDingbatt]

Thank you again so Much for making and sharing your knowledge and experience of these things!! Craig you are a mine of useful information, Thank You again for being brilliant!! Andréa and Critters. ...XxX....

[@thesmallfarmerlife]

Thanks Andrea think I got email from you ..? Thanks for watching my videos and commenting Cheers Craig

[@wayneabraham7935]

Thanks Craig.

[@thesmallfarmerlife]

Your always welcome Wayne thanks for watching and commenting again Cheers Craig

[@BeFree-BeFrugal]

Lots of useful info. 👍

[@thesmallfarmerlife]

Thanks BeFree love the name thanks for watching and commenting Cheers Craig

[@ivanahorvat5999]

Thank you for all the information so far. It's really helpful. If the property is already fenced, will repairing the fence and changing the lock be enough?

[@thesmallfarmerlife]

You have to use the land like its your own, just putting lock on it and fixing the fence isnt enough, b ut it is enough to take possession of the land yeah and doing it without asking is how you claim land like i say in the video

[@adamsmithson486]

best regards and have a nice day

[@WaqarAhmed786]

thanks man. just a quick one. i got an abandoned house i have kept control of kept it for storage, The owner has been absent for like 20 years. Apparently he is an 80 yr old hong kong resident, so i doubt he even remembers any more. If i fill in for adv1 form and send it off, will i need to PROVE to the land registry that i have had it for 10 years, or will i need to retain proofs INCASE the owner objects? please whatever response would be appreciated. Thank you once again for the video

[@thesmallfarmerlife]

Yes, you will have to produce proof of using the place. Also, you cannot claim houses like you can commercial properties, But you could claim the land around the property but stay away from the house as you will be charged or evicted and fined probably. If it was easy to fool land registry then everyone would be at it. Claim land not home no matter how long they have been empty

[@malcolmgilligan9809]

another great video please keep them coming

[@thesmallfarmerlife]

I will keep them coming aslong as you keep watching Thanks for watching and comment

[@popdroprolld20]

Hi, I know there is no solid advise but I live in a terrace house in the North West of England. Behind my house is an alleyway as far as im aware the alleyway has an owner but the name of the owner is not listed. When I bought the house I had to get some kind of insurance as my solicitor could not find the owner to ensure we were ok to keep our bins in the alleyway. Anyway I was thinking about trying to take possession of part of the alley as I currently hang my washing in the alley anyway and it would be great if I could make it part of my backyard. I suspect it would also reduce crime as people in the area often walk down the alley looking for things left in back gardens. It would not impede any access if I did this as the alley has an opening at either end. I have looked online for information but I cant seem to find what they best options are, can anyone help.

[@thesmallfarmerlife]

Just do what you want to do with the part of the ally way you are using and after 10 year fill in the forms at land registry and go for adverse possession and if your solicitor cannot find the owner you will have good chance at claiming it but it will take time, keep all records of taking factual possession and all images etc make sure you have location setting on the camera set on your phone and keep recipes for what you have done to keep anyone else out of that part of the allyway

[@radekp.562]

Nice bit of info. I think the land gets transferred to the crown via an application not automatically though. Where can I see all the adverse possession cases that I can read up on mate?

[@thesmallfarmerlife]

Yeah it does "bona vacantia" but still same, same. Just type in adverse possession and cases will pop up you might have to go to solicitors' websites to see the cases and get case numbers. But you will find them between everyone from the railway and council to neighbours granted the title of land owned by a neighbour etc. thanks for watching and commenting

[@dewidigby4849]

Craig You are one very clever guy All I can say buddy is thanks 🙏👍

[@Alienalloy]

im in a bizzare situation, i moved in to a converted warehouse over 10 years ago, after a year i found behind a wall partition two rooms, having looked on the building HMO land reg, it seams the building boundary does not include these rooms, as they're sort of add ons next to a railway line embankment, so im assuming railway property, however the railway some years ago erected fences not including this structure... iv been using them as small wood working workshop since 2009, the landlords are being a bit coy about these rooms, saying they don't officially rent them out, but i can use them.. im guessing they know their not theirs, so if they rent them they can be screwed by who ever owns them.. but no one knows who they belong to, the landlord doesn't want to enquire, as they're being used in other places(by other landlords) along the embankment as incorporated rooms, and i also don't want to stir the hornets nest, as im quite happy using them.. but one day, the redevelopment man will come, and im interested in my position... love your channel btw, been watching for a couple of years,

[@dexstewart2450]

Be VERY careful next to railway land (35 year railway engineer), as The Railways Act allows the railway to compulsory purchase any land 50 yards from the railway boundary. The other issue is one that people found out after buying boundary land from Railtrack. They thought they were buying Brownfield sites in Greenfield areas - but once land comes out of the railway boundary, it can revert to being a Greenfield site - no matter that it's polluted from a century of oil and grease.

[@timhague6921]

Hiya Craig, can you answer a few questions, maybe even make a video on Does the land registry notify the local council aswell as could you explain neighbouring land are thr council neighbouring land or have neighbouring land eill they be notified, Also about errecting a fence all way round land, without it sticking out like a sore thumb causing unwanted attention to ones self I love your videos, hoping to be armed with all the information i will need

[@thesmallfarmerlife]

No the land registry wouldn't notify the council

[@CedarSoul]

Thanks mucka 💫🤲🏼

[@thesmallfarmerlife]

No problem Mucca its all good thanks for watching and commenting Thanks Craig

[@bushcrafty7274]

Thought I had somewhere, turns out its registered to the local drainage board 😮 unkept 2.6 acres, I might still build a bush craft structure on it 🤫

[@marks-0-0]

I would for sure. As said if they don't use it or ever need to access it then give it a go.

[@bobodyuknow]

Hi Craig i have found some land and it hasn't been kept for well over 12 years if at all ever. I checked google maps and changed the street view images to as far back as 2008. The land isn't even fenced and the gate is just sitting there not connected to anything. Looks very unloved. There are pilons and mains telegraph poles on it. I checked the land reg and it does say owned by a holiday letting business. Perhaps they have it as collateral if the business goes tits up. Can i AP this? If so are you saying i need to wait 30 years?

[@marks-0-0]

Do it but be prepared they might come back to claim it. IMO take possesion and just enjoy it without spending too much money for the first year and see what happens. I've seen what is more of a large building plot near me in an expensive village, unregistered and so overgrown you can't even walk around on there. It sits between two expensive country houses and my guess is there could have been a house on there that was demolisshed because there are big mounds of something caked in weeds so you can't make out what on the plot. Its a shame as to take AP you'd have to drive on there with a digger just to make a dent.

[@Heretican]

Can you possess and claim land owned by national highways limited but isn’t part of the public highway or have any rights of way?

[@x66Hawk66x]

What's you views on land locked property ? I found a piece that has potential. The issue it how no direct access from public land.

[@thesmallfarmerlife]

Technically there should be no landlocked land, all land should be enjoyed. Is there no way to access the land crossing other lands maybe get a right of way across some other land..?

[@marks-0-0]

I'm spending time in different woodlands with a view to approach the owners if they're registered. Some have a road boundary but no vehicle access or closeby parking so i have to park further away and walk or cycle in. Its an adventure.

[@vikopresto1749]

How do you do if they charge for tresspassing?

[@Stealth360stealth]

So I checked some common land under section 4 of the 1965 common land act I believe it is, and I was wondering if I can AP this? The issue would be relating to you can’t fence off common land I guess. Anyone got any advice on this, is it just impossible?

[@thesmallfarmerlife]

You wont be able to claim common land thats land that anyone can use and you see farmers grazing animals on common land without asking anyone. I would deffo stay away from that land as some locals will know its common land and be on your back straight away

[@Stealth360stealth]

@@thesmallfarmerlifethanks for this! And would your advice still stand if its common land which amounts to 10s of acres? The main common land is about 10 acres of grassland, and then there’s about 10 acres of woodland. The bit I’m looking at is in the woodland and it is far away from the footpaths and tracks. Although it is open access land so anyone can go anywhere, but it is in a part where people generally wont walk to or inspect as far as I’m aware. The reason I say this is because people normally think of common land as half an acre on a village green, but my situation is a little bit different. Any thoughts would be amazing!

[@camofilms]

Unregistered Land that could be held in a trust... Can I still do AP on it?

[@Alpha-sf9bh]

Can you help me please. Someone has taken adverse possession of my garage and l was using the registered garage until 2022 when he changed the lock. How do l get him out of my garage? He also lied on the ST1 form.

[@marks-0-0]

If you own it and have been using it just take it back especially if hes lied, change his lock and lie like he did and do it asap. Or theres a guy on YT who helps people in the US with squatters. His basic method is to get the owner to sign a lease with him or someone they trust and get them to move in when the squatter goes out for the day. Then the idea is to make the squatters life hell without trying to through them out so they leave by choice. When you say garage, you mean a house type garage or a business garage...but do similar, sign a lease for the garage to some very large tough friends and get them to move in their motorcycles or similar items spending lots of time hanging out there tinkering and being a nuisance. The chancer will give up soon enough.

[@arkadiuszkusiak7289]

Hello, interesting video, I have a question, what if someone already claims the land but does nothing on it, it is completely overgrown and neglected, and I know that the first application was submitted in 2018, and I even have photos that nothing is happening there, only there is a sign on private property keep out,what to do in this case ? Thank you and best regards

[@Stealth360stealth]

Sounds like they’re not using the land. You could be cheeky and video yourself doing stuff on the land or cut down a tree or two, plant a tree or two, dig a small ditch, pay a landscaper to cut some grass and keep the invoice. All of these things would allow you to actually make a claim also and your claim would be more vaild because you were actually using the land, which is a requirement of adverse possession

[@marks-0-0]

Also depends if the land can be seen by passing people on foot or in cars. Theres a good chance that the owner or friends and family drive past their land daily. I was going to take AP on a very unused bit of land but was quite aware that the owner might have made aware that i was on there. I found the owner before i did make my move though but felt confident about the process.

[@Martin-s9m8m]

If the land was owned by network rail would that be more difficult

[@thesmallfarmerlife]

Yeah can't claim railway land, but they might sell you at a good price..?

[@Martin-s9m8m]

Thanks for your reply , yes they possibly will worth asking thanks

[@timhague6921]

I know of a parcel of land with old gstes on it, ready to fall down, how do i not get moved on by thr local council

[@johnjacob6570]

Claim the land , fix it up. See what happens

[@marks-0-0]

It has nothing to do with the council. Take possesion as Craig explains, don't spend too much for the forst 12 months and see what happens.

[@RogerMarsh-t5j]

Hi Craig what if the land has a caution on it

[@thesmallfarmerlife]

Caution..? what type of caution..?

[@RogerMarsh-t5j]

@@thesmallfarmerlife not really sure it’s the church I’ve been trying to buy it but they have lost the deeds, so it’s not registered, but they have put a caution on it, they have been renting it to our local farmer to graze cattle, but I’ve been free ranging my chickens on it for nine years, they say they are going to sell it by highest bid, but surely they can’t sell something the can’t prove is there’s, Can they?

[@thesmallfarmerlife]

@@RogerMarsh-t5j Your probably talking about a covenant and the church will not sell title absolute they will always put clawbacks on the land. Yeah they will be able to sell it they may not have the deeds but it will probs be in a larger set of deeds and their solicitors will probs have them as they used to keep them especially for the church etc

[@RogerMarsh-t5j]

@@thesmallfarmerlife this has been going on for over four years now, I was thinking could I register it in my name as first registration, then that would put them in the position of taking me to court which would cost them a lot or make them get on and sell me it, I am quite willing to pay the going rate but want it sorting, there defo isn’t any covenant on it, a chap across the field bought a piece off them many years ago with no restrictions

[@daza5775]

Claim registered land after 10 years and its 12 years for unregistered