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Our Research into Adverse PossessionBack Our Research on Adverse Possessionary Title September 2005 In a nutshell, it’s proven, it’s legal, it works - and, if you follow the guidelines, we lay out it will definitely work for you too. One thing to remember, if you have a dream of finding a perfectly liveable house to move into with everything in place, then stop reading now! We have found that most properties you can claim are either wrecks or need a lot of work, but they are still very valuable. If you’re a bit sceptical about the whole thing, then be assured that we were in much the same frame of mind back in June this year when the idea of claiming unregistered property caught our attention. Yes, we too had the same doubts you may have now…we’ve been in the property business for over 20 years now and had of course heard of Adverse Possessionary Title many times. Normally, just dismissed it as another “Urban Myth”. After all, looking at it objectively, how could it be possible to acquire title to land or property … lay claim to it … and ultimately become the legal owner simply by initially investing some time and just a few pounds. It simply didn’t make any sense. Everything changed this summer. We were exploring the idea and possibilities of advising our members to use land to set up car boot sales. The idea of 100 traders all paying £5 a time to stand on a bit of waste land or redundant car park etc, on a Saturday or Sunday was very tempting…. Easy money! We met a man running car boot sales in the Midlands and rumour had it that the land he was using had been unregistered and he had claimed it… He was making £1000’s from land he possibly didn’t own. We better check this out. Did a search at the Land Registry. It was true! He had claimed the land over 18 months ago. It later turned out he had also claimed another 3 plots all being used for car boot sites… He did legally own it. Were we missing something here? There was obviously some truth in it. To get to the bottom of it - once and for all we decided to thoroughly investigate the subject and do our due diligence. It was all true! Unbelievable! After all we have been in the property business a long time. We should have known! The penny dropped, it all became possible because of the new Land Registration Act 2002 rules that came into effect on 13th October 2003. Further Investigation We first visited the Land Registry; here in Swansea having used them many times before. We were able to speak to someone who really understood the subject. Asked them about claiming unregistered land and property, and the legalities of the process. They confirmed that by implementing the correct procedure it is certainly possible to legally lay claim to an unlimited number of unregistered land plots and properties. Gave us the necessary forms, etc. Thought then, if the Land Registry have specific forms for just this situation then it must be OK We then decided to research the subject on-line. Sure enough, there are numerous documented cases of land and property being claimed using this process. Then approached several experienced practising Land Law Solicitors. They all, without exception, confirmed the technique to be 100% legal – and dealt with by the Land Registry on a regular daily basis. As they pointed out the Land Registry have a special set of forms to deal just with this process. Why would they if it were not legal and standard practise? Had a word with a surveyor who we knew and he pointed us to the Registered Institute of Chartered Surveyors web site … where RICS clearly state that HM Land Registry deal with more than 16,000 successful individual land and property claims, every year. That equates to 1,350 claims every month … or nearly 350 claims every single week! We got very excited now, Had a mental picture of zooming around the country claiming land anywhere and everywhere. Liked the idea of Cornwall, went down for a few days, tried Devon. We realized you have to try a different approach. There’s always a downside to every thing! The hard part is finding the land or property, you have to have local knowledge, an ear to the ground, know your area. You can’t just roll up to some part of the country you don’t know and instantly find unregistered land or property. It’s just not possible! But if you concentrate on your home turf and do your research you will definitely find what you are looking for. We now stay in South Wales, the area we know. Much easier! Now with Google Earth it has become so much easier We are doing it and it works for us It's now early summer 2008 and it's still working So, in summary, if the idea of being able to legally claim unregistered property and land sounds appealing to you, I would recommend you crack on with it now. It could be your new hobby and at the same time provide for your future. You could build a very nice portfolio with some effort, research and lots of shoe leather. All the contents of our seminar relate to the new Land Registration Act 2002 rules that came into effect on 13th October 2003. It is a fully up to date guide with resources and document downloads on the subject of Adverse Possession and Adverse Possessionary Title. Return to top of page |
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