Buying open green space..

W

wibbles

Guest
Hi Everyone,

My garden is abutted by a narrow strip of green open space.
I wish to purchase this space for reasons of privacy and noise from children playing on it (there is ample other green space in the same development at close proximity for a playarea where nobody is disturbed).
It is not owned by the council and unregistered.
I managed after much investigation to trace realatives of the builder who bought the leasehold of the land (back in the 6o's) and built houses on it (late 60's early 70's). This space was left vacant as it was not large enough to build on. I was not able to purchase the leasehold as the relatives who inherited his estate have emigrated and are not in contact with their family in Ireland due to a 'falling out'.
I have managed to trace and agree to buy the freehold interest in the land. I have been advised by a solicitor that I will not have 'Good marketable title' to the plot in question (as there is another interest in the land) and may have trouble with my neighbours.

Can anyone tell me, is the lease still valid if ground rent has not been paid for the plot for 30 years?
If the lease is not valid can I register the plot in my name?

It is difficult to get straight answers to questions on land law and any help would be gratefully received..

Thanks..
 
If it's leasehold, then your adverse possession only runs against the lessee and not the lessor (i.e. if you squat, you extinguish the rights of the guy who is leasing the property, and the rights of the guy to whom the property reverts at the end of the lease - whether it is 50 years or 1000 years are not affected. Furthermore, sometimes the lessor is able to step in and end a lease early so despite the fact that the lease should run on for another 800 years or whatever, and the squatter should be entitled to adverse possession for that time, in fact the squatter may not ejected at any stage.

A slightly anomalous area of Property Law - you'll probably find papers on it if you look in Law Libraries.

EDIT:
Oops, - just saw that but about buying the freehold - yep you could do that - if it's possible and then squat for 12 years on the lessee.
 
Thanks Guys..

This (apply for adverse possession) is probably something that I will do anyway. My solicitor has told me that title by adverse possession is not the best title to have on part of your property?? Can anyone shed some light on this?

Seen as though I am paying good money for the freehold title I would love to establish if the lease is still valid, there is roughly another 70 yrs to run on the origionaal lease and I know that no ground rent has been paid since the development of the house over 30 yrs ago.

Also does anybody know if neighbours have any any legal grounds for objection to me moving my fence if I have best known title (the freehold) to the plot.

Thanks..
 
Adverse Possession means squatting. Just put some stuff out there. Clothes lines, put up a fence etc. There is a minimum amount of doing stuff to constitute squatting - talk to your solicitor. It's not something one really applies for.

Only the lessee would have a legal right to object to your squatting - if the neighbour knew who that was they could inform the lessee and get him to object.

Adverse Possession merely extinguishes someone elses rights - if you own the "underlying" freehold and have adverse possession on the lease, then you should be all set. (Perhaps if there are certain complications with reversionary interests etc. there might be a problem - it's been a while since I studied Property Law, talk to your solicitor).
 
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