Pruning off site trees

[Dan Maynard]

8 hours ago, waterbuoy said:

If housebuilder went bust does the land not revert to 'The Crown' (or does that just relate to comapnies which have been dissolved)?  If so then it might be worth contacting The Crown Estate.

I think that's true, but as I understand it assets get sold on in liquidation deals so it becomes murky, and the crown estate aren't keen to take on more land so you more or less have to prove that they are responsible.

 

I'm leaving it to the parish council, they have paid me to take down one tree which was dying and falling apart already.

[dumper]

10 hours ago, Dan Maynard said:

That's true I missed that off my list. We have some patches of that round the village, housebuilder went bust years ago so bit of a mess who's responsible.

The builder could still be in business, take overs and buyout mean small pockets of land just get forgotten till someone starts to ask questions 

[JaySmith]

23 hours ago, dumper said:

The builder could still be in business, take overs and buyout mean small pockets of land just get forgotten till someone starts to ask questions 

Very true, although if the builders acquired the land to develop through a sale it should have been registered at the land registry. Lots of the pieces of land at the land registry that show as unregistered are indeed legally owned but because there haven’t been any sales against them there hasn’t been a requirement to register them. Often if land has been in a family for many years and there hasn’t been a sale it may not be showing as registered but is still owned. I think at the last review approximately 15% of land was still showing as unregistered. Often the builder will hold onto the ownership of the land and not transfer it, especially if it forms an access to ‘phase two’ for example. 
 

If the builder goes under then as you say that becomes more problematic. Usually a bit of digging can show who the owner is, even if it isn’t showing as registered at the land registry. 

[john87]

2 hours ago, JaySmith said:

Very true, although if the builders acquired the land to develop through a sale it should have been registered at the land registry. Lots of the pieces of land at the land registry that show as unregistered are indeed legally owned but because there haven’t been any sales against them there hasn’t been a requirement to register them. Often if land has been in a family for many years and there hasn’t been a sale it may not be showing as registered but is still owned. I think at the last review approximately 15% of land was still showing as unregistered. Often the builder will hold onto the ownership of the land and not transfer it, especially if it forms an access to ‘phase two’ for example. 
 

If the builder goes under then as you say that becomes more problematic. Usually a bit of digging can show who the owner is, even if it isn’t showing as registered at the land registry. 

Registration of land that was subject to a registerable disposition such as a sale or mortgage, started in 1925. The land registry then put a stop to things as they could not keep up, and they brought in complusory registration at different dates throughout the country. Where i live it was 1980 so far as i can remember. Since about 1990 i believe it became compulsory across the entire country..

 

I cannot see how for practical purposes a builder could buy land and not register it, since then they would not have been able to register individual parts of the land to create the title needed to sell off each house, or at least it would be very difficult as they would have had to apply for first registration for every single bit, instead of merely having to fill in a form to transfer part of a registered title..

 

I know a proper smart arse idiot that did indeed buy some land [a small field]. Once the conveyancer wanted paying, they thought they would refuse to pay "and there is nothing they can do about it"

 

Needless to say, Mr Conveyancer is not daft, and does not register the title until he has been paid..

 

Fast forward 30 years, and Mr clever tries to sell the land, only to find he does not own it!!!

 

I helped them to try to sort the mess out.. They had bought the land at an auction where a large property had been sold off in bits to individual buyers.

 

Even though i got them copies of the land certs for all the original land, AND the other sold off bits [which all made reference to "bit outlined in red sold to mr stupid"] AND they still had the paperwork from the auction place, the land registry would not accept any of this at all, and would only give them possessory title. They might as well have merely been squatters on their "own" land

 

They managed to sell the land though, even though the buyers solicitor was not happy at all and rightfully advised his clients [horsey idiots] not to buy the land..

 

Now, it is indeed possible to do a search concerning unregistered land, only for some odd reason the land registry like to pretend that you cannot. It is a "K15" search. [This is the name of the form] I will give you two links, one for a bit of info and the other the form itself adn this explains more

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What are land charges department searches - Phew!Phew!

PHEWCONVEYANCING.CO.UK

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In the case of unregistered land, a search is made at the Land Charges Department at Plymouth by submitting Form K15 after paying the...

 

And here, the form..

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

Land Charges official search: application (K15) - GOV.UK

WWW.GOV.UK

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Application form K15 for an official search of the Land Charges Registers

 

john..