Property Talk

13th May - Claim derelict properties for free!
"Danny Sawmill" emailed me to ask "how can I go about claiming derelict property". Good question - sounds too good to be true? Well it is and it isn't. Technically it is perfectly possible to do so - we've all heard about situations where squatters have successfully established a legal right to the properties they are living in. So how does it work?

First, a brief lesson in property law. There are two types of land (for "land", read also "property") in England and Wales - Registered Land and Unregistered Land. The government body that oversees this is the Land Registry , which has been in existence since 1862. Since 1990 it has been compulsory to register all land on sale or mortgage. Registration of land means that the legal owner of the land is recorded at the land registry on a Certificate of Title. So even if title deeds to land are lost, misplaced or destroyed, there is no question as to who owns the land. It is possible to squat on Registered Land, but after 10 years you have to apply to the Land Registry for possession, they will contact the owner who can defeat the application by simple objection. With Unregistered Land the position is far less black and white, and even though the Land Registry has been going for so long, about 40% of land in England and Wales remains unregistered. That's a lot of land. For the purpose of claiming your free property, you are really only interested in Unregistered Land. In short, here is the process you will need to follow: Find a derelict building or abandoned plot of land; Make sure it is unregistered, abandoned, and with untraceable owners. Check with the Land Registry, and make subtle enquiries with any neighbours; Establish "adverse possession". This means establishing and proving your presence on the land, and could involve putting up fencing, installing tenants, or growing crops; After a mere 12 years of unchallenged possession of the land, you can apply for "possessory title". This still leaves you vulnerable to a claim from the true owner for a number of years, but apparently you can get insurance against this. Which all sounds like a jolly good wheeze, but somewhat risky in practice. Imagine investing 11 years and 364 days in nail-biting suspense waiting to claim your free property, only to be challenged by the owner at the last moment. Unless you're desperate to get a foot on the property ladder and are prepared to wait the length of time it takes a decent malt whiskey to mature, it might be best to renovate your way to the top. However if you have been well and truly credit-crunched, you may be interested in more information from the Advisory Service for Squatters (or ASS for short).