Avery Associates

House Clearance & Probate Valuation Services


  • HOME
  • HOUSE CLEARANCE
    • Probate House Clearance
    • House Clearance
    • FAQ
    • Hoarder House Clearance
    • Garden Clearance
    • Charity Donations
    • Recycling
    • House Clearance Gallery
    • Our Locations
  • PROBATE VALUATIONS
    • PROBATE HELP
      • Probate Valuation Guide Fees & Advice
      • Probate House Clearance
      • Executor Assistance
      • Solicitor Assistance
      • Our Locations
    • Probate Valuation Explained
    • RICS Property Valuation
    • Classic Cars
    • Jewellery
    • Coins
    • Books
    • Stamps
    • Vintage Toys
    • Records
  • REVIEWS
  • NEWS
  • ABOUT
  • CONTACT

Probate Dilemma Who Actually Owns the Land?

October 13, 2019 By Richard Farrell

Picture this. An aged relative has died and left you their entire estate in their will. However, there’s not much to it except a large tract of land in the south of England. Developers would break a leg to get their hands on it. But there’s only one problem. The HM Land Registry does not have the land on its books. So what you do if you can’t sell it?

How Land Ownership Is Recorded in England and Wales

Proof of land ownership passes through a legal document called a title deed. Most title deeds in England and Wales are registered with HM Land Registry but this has not always been a legal necessity. However, most land that transferred to new ownership since the war generally is. That’s because mortgage lenders like to be sure who owns it.

Over 85% of land and property in England and Wales is now on HM Land Registry’s books as a result. They say most of the remainder belongs to the crown, the aristocracy, and the church none of whom actually purchased it. There are also exceptions in rural areas where property is inherited, not purchased with a loan.

So How Do You Resolve Land that is Not Registered?

HM Land Registry says, with a virtual wink on its website “Well, the simple answer is that it will often come down to your own detective work, where the land or property is located in the country, and sometimes luck!”

Your first port of call is to search your aged relative’s home from the attic to the basement for the title deed. People usually keep valuable documents safely, sometimes so safely they are impossible to find. Assuming you abandon hope, short of digging up the garden what do you do next?

# Ask the near neighbours who they think owns the piece of land. If the community overwhelmingly says your relative owned it, you may have a chance.

# Ask everybody living in the community for a long period of time what they think. The people in the pub, the post office and the shop may have overheard something.

# Review the title deeds of the adjoining properties for clues. HM Land Registry says there’s a possibility one may refer to ‘other land’ and mention the owner.

# Cast your net further to the local authority. They may still have their own land registry records. You could also find your aged relative mentioned as owner on a utility account.

# If you have no luck with that, consult the local authority’s plans office next. Planning applications must be signed by the property owner to be valid.

After You Do All That, What Do You Do Next

If you can gather sufficient corroboratory evidence you could speak to a lawyer about advertising the property on The Gazette. If nobody pops out of the woodwork and proves they are the owner, then you might finally be onto a good thing..

Give this your very best shot with help from an able solicitor.  That’s because the land could be declared ownerless and become a crown possession if you fail. Now that would be a real shame when you were looking forward to calling a developer. and cashing in the money.

Related

Filed Under: Probate Valuation Tagged With: HM land registry, How Land Ownership Is Recorded in England and Wales, probate guidance, unclaimed land, will and document search

Our House Clearance Services

We provide a full house clearance and property management solution:

  • We clear hoarded houses, regardless how big or how cluttered
  • We clear all types and sizes of property, irrespective of location, or access is restricted or where parking is difficult or not available.
  • We can help avoid water damage by draining the central heating system.
  • We can secure the property and change the locks.
  • We can reinstate the gardens and maintain them whilst the property is empty.
  • We can provide 24 hour security to eliminate the risk of squatting or unlawful occupation.

As well normal house clearances we specialise in clutter clearance and we can clear a hoarded house which may contain years of accumulated possessions, or which have abnormal amounts of general household items, sometimes as a result of compulsive hoarding syndrome.

Equally we can help to clear a property where the occupants were previously unwell and unable to care for themselves or their property which sometimes results in insanitary, dangerous or just plain unpleasant conditions.

More info

About Richard Farrell

What We Do

Get A Quick Quote

Client Reviews

Jenny Schon
Dec 3, 2021
 by Jenny Schon on Avery Associates
Well done

This truly is a 'one stop shop' for all things relating to Probate valuations and clearance. Jeffrey is a 'facilitator' and full marks to him for finding... Read More

Kevin Anderson
Oct 26, 2021
 by Kevin Anderson on Avery Associates
Fantastic and Reliable

Our aunt was a recluse and hoarder. She died leaving two properties in London that were dilapidated and completely hoarded. Unfortunately, because everything... Read More

It was a pleasure to assist Kevin

T. Hackett
Aug 26, 2021
 by T. Hackett on Avery Associates
1st Class Service

Avery Associates Appraisal I have just moved house after almost 30 years of occupation. My initial choice of movers, Pickfords, decided at the last... Read More

Page 1 of 44:
«
 
‹
 
1
2
3
›
 
»
 

Share, Email or Print

Looking For Something?

Our Latest News & Advice

  • Thought I Had Seen Everything Until I Visited Walsall
  • How to Apply for Probate in England and Wales
  • England’s Ambitious Waste Plan by Jeffrey Avery


Avery Associates
291 Mitcham Rd
Tooting SW179JQ

Tel: 0800 567 7769 or 0208 640 0044

Services provided throughout London and the Home Counties. View our clearance case studies.


Website Terms | Privacy Policy | Sitemap | Copyright © 2005-2018 Avery Associates
Website Development by Avara Web Media