How can land be owned by another man

The Land Registration Act determines the criteria that must be met in the case of both registered and unregistered land. If someone occupying land that does not belong to them can satisfy the following criteria, an application can be made to the Land Registry for a possessory title:. They have occupied the land for not less than 10 years for registered land and 12 years for unregistered land;. They factually possess the land.

The person claiming adverse possession will need to prove that, whilst not legally possessing the land, they have been dealing with the land as if they were the owner, e. However this is not always conclusive and the circumstances of each application will be different. They must have the intention to possess, as opposed to simply an intention to own.

Consent can be in the form of a licence or tenancy agreement, even if it has lapsed. Whether you are intending to claim adverse possession of land that you do not own or are a land owner who has received an application of someone trying to claim your land, it is important to discuss the matter with an experienced property solicitor who will help you to understand the situation better and advise you on your options. It is worth bearing in mind that registered land has more protection from adverse possession claims than unregistered land.

If you own land that is unregistered, it is highly advisable to arrange for it to be registered at the Land Registry. Lastly, it is essential when buying property to check that the Title Plan accurately reflects the physical boundaries of the property.

If your solicitor does not send a copy of this to you, be sure to ask for a copy from them. At Farleys we can assist with all the issues covered in this article, please call our residential property team on or email us. You can get a quote without obligation for buying or selling a property with our free conveyancing quote generator. In my previous blog on this subject we examined the criteria for a property being treated as Mixed Use for the purpose of Stamp Duty Land Ta It is now 27 years since the introduction of Compulsory Registration of properties at the Land Registry following changes of ownership.

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To continue using Tax Insider please log in again. However, without the correct advice or documentation it can often lead to unexpected complications English law recognises the possibility that the legal owner whose name is on the documents and is registered at the Land Registry may not be the same as the beneficial owner who is entitled to the rent from the property or to the proceeds if it is sold. The problem is that in many cases people do not go through the appropriate formalities to establish this split of ownership and as a result they can be exposed to unwanted tax consequences.

For example, one client did not want his name to appear as the owner of some property he wanted to develop and sell. He provided the money for the deposit, paid the mortgage, and paid for the refurbishment of the property. Before the property could be sold, however, his girlfriend died. Apart from the fact that we could prove the client had provided the money for the purchase and the refurbishment, there was nothing in writing to say that the deceased girlfriend was not the beneficial owner, and it took literally years of arguing with HMRC finally to persuade them that the property should not be included in her estate.

The purpose of this was twofold — she wanted him to be able to use the account to help members of the family out on her behalf, and she also wanted him to have ready access to the money in the event of her death so that he could arrange her funeral and so on. There was never any intent for him to benefit personally from the account, but again it took ages to persuade HMRC that he had not been failing to declare his share of the interest on the account. In the absence of such a document, the presumption is that the person who is the owner on paper is in fact the owner for all purposes.

The law also says that the ownership of land cannot be transferred except by an instrument in writing. If you want to buy my wristwatch, you can give me the cash and I will give you the watch, and that is the end of the matter. The problem is that in many cases people do not go through the appropriate formalities to establish this split of ownership and as a result they can be. Interested in receiving the latest monthly tax saving tips?

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