How can I obtain title to a piece of common land which has been used for 24 years as entry to a property.?

Question

I am purchasing a property with a 200x200ft driveway which I have just found out does not belong to the property and is Common Land. It has been used for access for the past 24 years by the vendor but not legally hers. I believe its use has never been of issue during this time. Is there a way that I can register the whole plot in my name and not allow any other persons use of it. I would be extremely greatful to hear if anyone else has any answers. Many thanks

In reply to an answer: I am purchasing a house that had the land in question priced in with the sale. This obviously was not possible as it is not owned by the vendor and I would be happy to negotiate a price to purchase the common land to use exclusively for my family. I am NOT out to gain free land.

Answer 1

"is there a way that I can register the whole plot in my name and not allow any other persons use of it."

It would seem that you are trying to lay claim to something that you have not paid for and you have no right to. NOt allow any other person to use it! i THINK THAT THAT STATEMENT JUST SHOWS YOU UP FOR WHAT YOU ARE.

Answer 2

Its common land so you can't obtain title to it. The land you say has been used for 24 years as entry to the property - this could constitute in law a legal easement for the vendor and therefore, for you.

Precisely what the nature of the easement is is unclear. You should seek advise from the persons who are assisting you in registering the proprety with the Land Registry, or meet with a solicitor.

In any event, I do believe you cannot acquire ownership of this land (i.e. the potential driveway) as yet. As I said, it may be an easement of necessity for you to use as a driveway, but there are legal requirements to satisfy.

It being common law land, you can't stop persons from trespassing over it unless you acquire adverse possession of the land.

In any event, the issue needs to be resolved given it is common land and given you intend to purchase the property and park your car. You should seek further advice. You may also want to contact the local council in the area for free guidance.

Answer 3

What you seek is a claim of adverse possession. In order to perfect an adverse possession claim, you would file a quiet title action. It is a lawsuit that alleges you own the land and notifies any others that may claim an interest in the land that they must show up and defend their title or lose it.

If the land is used as an entry way, it is possible that there is an easement or license allowing that use. If that is the case, a quiet title action would fail because your possession is not adverse to that of the record owner.

Talk to a real estate attorney in your state. Good luck.

Answer 4

You can buy the land (just make an offer to the owner) but even if you do buy the land the people using the driveway will have an easement on it. It sum this says the people using the land will keep using it and there is nothing you can do to stop them.

Nice try but what you are attempting won't work (but you can continue using the driveway - ie you have an easement to use it to)

Answer 5

You need the advice and counsel of a qualified real estate attorney. You may be able to gain possession of the entryway through the process of 'adverse possession', but it takes some serious legal work to gain such ownership.

Do NOT purchase the property until this is fully and legally resolved, or you might find yourself with a hunk of landlocked property.

Answer 6

Go to the land registry and look to see if it owned. If not register an interest and it's yours. If someone does own it the right to use it can't be extinguished. You now have what's known as prescriptive rights, and that's for ever.