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Land Registry registration & Easements
I am a parish councillor. The council is looking at registering the land its owns and we're intending to start with our playing field. Some councillors are vociferously opposing this, firstly on the grounds of the cost, and secondly the risk of the registration being refused.
To explain: the only access is by a track. This has been used for years for access (older locals can remember usage over 50 years ago). So we believe we have an easement over the track, for our access.
To complicate it, the track has no owner (not registered with the LR, no one claims ownership and they are not council-owned roads).
It is the council's intention to register the ground, with an easement claimed over the access track (even though ownerless at present).
The opposers of registration say that if we were to do this, and the registration was refused, as a consequence we would lose our right to use the track, and so lose all access to our land.
Is this true? Does a failed LR registration affect anything 'on the ground'?
To explain: the only access is by a track. This has been used for years for access (older locals can remember usage over 50 years ago). So we believe we have an easement over the track, for our access.
To complicate it, the track has no owner (not registered with the LR, no one claims ownership and they are not council-owned roads).
It is the council's intention to register the ground, with an easement claimed over the access track (even though ownerless at present).
The opposers of registration say that if we were to do this, and the registration was refused, as a consequence we would lose our right to use the track, and so lose all access to our land.
Is this true? Does a failed LR registration affect anything 'on the ground'?
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When you asked this question before why the devil did you not put in this extra information? It justs wastes people's time to babble half a story. A failed LR application means just that, it affects nothing. You can ask why it failed, tidy up the unsatisfactory bits and re-apply as many times as necessary. Your access is by right of way, that is the right to pass and re-pass by day and by night on foot, by horse and by carriage etc. It does not matter who owns the land. It would be obvious to a blind man on a galloping horse that before bothering about registering the land you must secure access - the right of way - with the Land Registry. As I have said before speak to your local District Land Registry Office who will guide you through the application. You can DIY. The fee is about the same as last time, �40. You must stress that this is your primary access. You must collect as many Statutory Declarations as you can to support your application - each Declaration will cost about �10.
They have only just come up with the second objection IE this extra babble you are complaining about is new. At the time of the original question, it was complete.
We have contacted the LR already to discuss this. And they also said to register the easement at the same time as registering the land. I think (I'm only speaking 3rd-hand on this) they said you can't register just an easement on its own; it has to be 'attached' to a land registration.
Are people not allowed to ask a second question on the same topic? Sorry, I haven't posted many questions, so I don't know.
And actually, I think I put the issue quite succinctly, in both questions.
We have contacted the LR already to discuss this. And they also said to register the easement at the same time as registering the land. I think (I'm only speaking 3rd-hand on this) they said you can't register just an easement on its own; it has to be 'attached' to a land registration.
Are people not allowed to ask a second question on the same topic? Sorry, I haven't posted many questions, so I don't know.
And actually, I think I put the issue quite succinctly, in both questions.
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