How do I reg­is­ter my ti­tle to pro­tect land from neigh­bour’s claim?

Yorkshire Post - Property - - PROPERTY - John Rob­son

Q: About 25 years ago, I in­her­ited four ter­raced houses in Hud­der­s­field which I rent out to pri­vate ten­ants.

To the rear of these houses is an area of land upon which my ten­ants park their cars.

The deeds to the houses are un-reg­is­tered and I un­der­stand the ti­tle in­cludes the land to the rear.

Re­cently, I re­ceived a call from one of my ten­ants to say a neigh­bour from an­other house in the street, not a ten­ant of one of my houses, has started to park a car on the land and in­tends to claim a right to do so.

I am concerned the ti­tle to the prop­erty and land is un­reg­is­tered and the im­pli­ca­tions this may have as well as the rights that could be claimed by the in­trud­ing neigh­bour. A: The first thing to do to pro­tect your land is to make a vol­un­tary ap­pli­ca­tion for First Reg­is­tra­tion of ti­tle.

This en­tails com­plet­ing a DL1 doc­u­ment list and a FR1 ap­pli­ca­tion form.

This can be done by a con­veyancer/so­lic­i­tor and the cost is not pro­hib­i­tive when you con­sider the ben­e­fits.

You can make this ap­pli­ca­tion per­son­ally but if you do so, you will also need to com­plete ID iden­tity forms.

The main ben­e­fits of hav­ing your deeds reg­is­tered are :

Helps to pro­tect your land against en­croach­ment.

En­ables you to fully iden­tify the ex­tent of your land and prop­erty and com­put­erise the deeds.

Pro­tects against fraud and fraud­u­lent prop­erty trans­fer ap­pli­ca­tions.

If you mort­gage or sell your land. it will help to stream­line the con­veyanc­ing process

Up to three con­tact ad­dresses for you can be en­tered on to the prop­erty reg­is­ter and two can be email ad­dresses.

Once reg­is­tered. you will have Land Registry pro­tec­tion and as a land­lord who does not live at the prop­erty you are at a greater level of risk against fraud­u­lent trans­ac­tions.

Fur­ther in­for­ma­tion can be ob­tained from Land Registry’s web­site – www. lan­dreg­istry. – or con­tact­ing the Land Registry on 0800 0283 404.

It may be of in­ter­est to you that the lat­est statis­tics show Land Registry paid just over £5m in com­pen­sa­tion in 2008/9 for 62 fraud and forgery claims when deal­ing with four mil­lion ap­pli­ca­tions. So there is a real risk here. In re­spect of the park­ing is­sue by your in­trud­ing neigh­bour, you should write a let­ter re­quest­ing the ces­sa­tion of the park­ing.

Or if you are happy for this to con­tinue, make it clear the park­ing is by your con­sent so as to pro­tect against any pre­scrip­tive or pos­ses­sory rights be­ing acquired.

John Rob­son is Res­i­den­tial Con­veyanc­ing Man­ager at Ford & War­ren Leeds.

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