View Full Version : Fencing in of unused land


feederfil
27-10-2004, 22:44
I wonder if any other area in Sheffield is experiencing the same problems as we are on our road ?The small estate was built in 1964 and a couple of areas of land were then deemed to be too small to build houses on and so part of the plans were to leave them as open green spaces.They have remained like this until about three weeks ago when a large metal fence appeared round the land along with a notice saying that the land was being claimed as unused!!We have had a meeting of most of the residents to decide what to do next,various options have been discussed which we will be putting into practice.I can't divulge what in case the people who put the fence up use this particular forum.What I was wondering though is this just a one-off or is this happening in other areas of Sheffield.By the way we don't know who has put the fence up it just states a chapeltown box number.Any information or advice would be great.

Tony
28-10-2004, 06:14
I'm afraid that it's just not as simple as 'claiming' land.

A few years ago when the Land Registration Act required land to be registered there were misguided people who thought that unregistered land was unowned and therefore they could claim it as theirs. Of course this is just not possible.

The first thing to do is to apply to the land registry for a copy of the Title. You will need an Ordnance Survey plan at scale of 1:1250 or 1:2500, with a red line around the land. It's very cheap, but I forget the fee. It will take about a week to come back.

If there is no title, it is virtually 100% likely that the land belongs to either the original developers in 1964 (even if they have forgotten) or that they gifted it to the Council, maybe as Public Open Space. Speak to the Council's GIS Unit who will be able to confirm if it is theirs. It's worth also checking the UDP with the Planning Dpt to see if it is designated as Public Open Space. If you want to PM me I can check this.

Failing nothing showing from that, any claimant would have to apply to the Land Register, maybe through a Land Tribunal to prove ownership, because otherwise it would probably go to the Crown. The Claimant would have to demonstrate ownership, and that requires deeds, or some other legal evidence that would reasonably stand up in a court.

So... all is not lost.