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Unregestered land

Land, Registered Land, Planning law etc.

Unregestered land

Postby megaman » Sun May 14, 2017 3:12 pm

If land is unregistered are there any grounds on which a person can claim it without a deed (or other evidence) showing ownership?

The only one i know of is adverse possession, but the ability to do that was severely limited
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Re: Unregestered land

Postby theycantdothat » Sun May 14, 2017 4:32 pm

Assuming we are not talking about cases where someone can require the land to be conveyed to him, for example because he is entitled to it under a will, trust or contract, then no. This is because what is referred to as ownership of land is in fact the right to possess the land. That right can only exist if you are in actual possession or have had the land conveyed to you by someone with a right to possession.
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Re: Unregestered land

Postby dls » Sun May 14, 2017 6:04 pm

the ability to do that was severely limited


Correct but only as it applies to land already registered.
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Re: Unregestered land

Postby tph » Tue May 16, 2017 7:49 pm

The OP could try adversely possessing it and then claiming it as their own.
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Re: Unregistered land

Postby atticus » Tue May 16, 2017 8:00 pm

For 12 years. Fenced off. Defended against all comers. Fully documented, including dates.
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Re: Unregestered land

Postby tph » Tue May 16, 2017 8:24 pm

The OP could enclose the land and then seek indemnity insurance against a claim.
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Re: Unregistered land

Postby atticus » Tue May 16, 2017 8:51 pm

That won't get him the land. And if there is a successful claim against him, what is his loss? What would the insurer actually pay?
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Re: Unregestered land

Postby tph » Wed May 17, 2017 5:58 am

That would depend what he did with the land.
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Re: Unregistered land

Postby atticus » Wed May 17, 2017 7:18 am

And the terms of the policy, if meg could find an insurer to sell him one at a price he is prepared to pay.
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Re: Unregestered land

Postby CP09 » Tue Jun 20, 2017 7:29 am

Not in English law. All land is owed by the crown, however a person can obtain a title to the land.
This was in the form of deeds, and to prove entitlement it may be necessary to examine a chain of these documents - if they still exist!
Land registration is reducing the amount of unregistered land, but it's a gradual process.
Maybe different in Oz....
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