Thursday, January 07, 2010

Help Yourself to Free Empty Property?

Every week or so we get a call from somebody who has spotted an empty property and wants to know how they can claim it for themselves. The BBC TV series “Britain’s Empty Homes” that started this week has prompted viewers to ask us this question on an almost daily basis. The people who ask believe that because a property is unused, it is freely available to anybody who wants it. All you have to do, they think, is get there first, lay claim and hey presto it belongs to you. These callers area usually disappointed when we explain that it doesn’t quite work like that. What everybody else may be surprised to hear is it’s not entirely untrue either.

The legal concept here is a bit of common law called Adverse Possession. It goes back to the days of Henry V111. In essence it says that if somebody squats a property or piece of land for 12 years without being challenged they can apply to become the registered owner. If the original owner can’t disprove the claim they loose title.

In practice it only works like this for property or land that is not registered with Land Registry. The Land Registration Act of 2002 introduced new rules for registered land that better protects the rights of the owner. The squatter can apply to become the registered owner after they have occupied the property for 10 years. Land Registry then contacts the land owner gives them notice of what as happened. They have 65 business days to object. If they don’t the squatter becomes the registered owner, If they do the application fails and the owner is free to evict the squatter. However if after another two years the squatter is still there, they can apply again and they’ll almost certainly successfully become the new registered owner, even if the original owner objects.
More details from the Land Registry here

17 comments:

  1. This is an area of housing that I specilaise in, contact me if you would like any further info.
    Paul Palmer
    07703 403 526
    Empty Property Consultant

    ReplyDelete
  2. or contact me here...
    www.paulpalmeremptyproperties.110mb.com/

    ReplyDelete
  3. I know a house that has been empty for over 20 years, I am not clear who owns it, behind the house is a shipping business which the manager there told me the company owned it as it was on there land. He would not give a name of land owner. I dont know how it works but the house is a mess and clearly no intentions are there to care for it. My dad is 65 now when he was a boy and lived in the area he recalls the same house slowly rotting and empty. Would I stand a chance to claim? it seems such a wast. I live in a 1 bedroom very small flat with my daughter, buying a house for us is out of the question, that big house would be repaired and very much cared for by us.

    ReplyDelete
  4. Dear Anon,
    Perhaps - but you need to be occupying the property to be able to make a claim; frankly your chances are slim. But why not just offer to rent it? If the property is empty and in poor shape you are in a strong position to negotiate a low rent. You might not end up owning it but at least it could become home.

    ReplyDelete
  5. I like this post,And I guess that they having fun to read this post,they shall take a good site to make a information,thanks for sharing it to me. PROPERTY CONSULTANTS in UK

    ReplyDelete
  6. Sir kindly a m looking for unclaimed property to claim as a next of kin to share as partners if no heirs to claim

    ReplyDelete
  7. Sir kindly a m looking for unclaimed property to claim as a next of kin to share as partners if no heirs to claim

    ReplyDelete
  8. This comment has been removed by the author.

    ReplyDelete
  9. I am happy to find your distinguished way of writing the post. Now you make it easy for me to understand and implement the concept. Thank you for the post. La Manga Club Property For Sale

    ReplyDelete
  10. It should be noted that whilst ordering papers for sale at paper writing service, you can get unkind attitude. In case you feel that the bureau is trying to cheat you, don't buy term paper from it. Ann Arbor Apartments

    ReplyDelete
  11. Thanks for a very interesting blog. What else may I get that kind of info written in such a perfect approach? I’ve a undertaking that I am simply now operating on, and I have been at the look out for such info. ChoreRelief

    ReplyDelete
  12. You make so many great points here that I read your article a couple of times. Your views are in accordance with my own for the most part. This is great content for your readers. Condo Size

    ReplyDelete
  13. Pretty nice post. I just stumbled upon your weblog and wanted to say that I have really enjoyed browsing your blog posts. After all I’ll be subscribing to your feed and I hope you write again soon! Las Colinas Properties For Sale

    ReplyDelete
  14. I admire this article for the well-researched content and excellent wording. I got so involved in this material that I couldn’t stop reading. I am impressed with your work and skill. Thank you so much. House Cleaning

    ReplyDelete
  15. I really loved reading your blog. It was very well authored and easy to undertand. Unlike additional blogs I have read which are really not tht good. I also found your posts very interesting. In fact after reading, I had to go show it to my friend and he ejoyed it as well! apartments for sale in dubai

    ReplyDelete
  16. nice http://unlockingthepotential.blogspot.com/2010/01/help-yourself-to-free-empty-property.html

    ReplyDelete
  17. Thank you for helping people get the information they need. Great stuff as usual. Keep up the great work!!! apartments in Ann Arbor

    ReplyDelete