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New land registration law coming
Associated Organisation. The Law Commission is the statutory independent body created by the Law Commissions Act to keep the law of England and Wales under review and recommend reform where it is needed. The aim of the Commission is to Partner Content.
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However, using form ST1 should help you to ensure that nothing has been overlooked. If you do not use form ST1, you need to provide all the information requested by that form — such as the dates the adverse possession started and finished, the acts relied on as establishing the necessary factual possession and intention to possess, and so on.
The statements of truth or statutory declarations should be factual and, ideally, the person making the statement or declaration will use their own words rather than language copied from precedent books. The person should expressly state how the facts are known to them, if this is not implicit in the statement or declaration. We can never say what the outcome of an application will be before it is made. We can only make this decision after all the evidence has been produced by the applicant, we have received responses to requisitions and the time period relating to the notices we have served has expired.
Applications are sometimes received in respect of land which is highway. The application will not be accepted to the extent it includes land which is highway maintainable at the public expense.
Legal effects of Registration
If only part of the land in the application is highway maintainable at the public expense, the application may proceed only for the land which is not highway. The highway land will not be included in any title which is created pursuant to the application. It is quite rare for highway land not to be maintainable at the public expense. Where this is the case, however, an application can be accepted only where the facts relied on do not indicate there has been an obstruction to the highway which may be in breach of the criminal law, because in such cases adverse possession cannot be acquired: R Smith v Land Registry  EWHC and R Best v Chief Land Registrar  EWCA Civ Finally, the Department for Environment Food and Rural Affairs has published a Guidance note on adverse possession of common land and town or village greens which is available on its website: www.
HM Land Registry does not necessarily share all statements of opinion as to the law that are expressed in the guidance note. Often the statements in statements of truth or statutory declarations, while not untrue, do not give a complete picture. For example, the person making the statement or declaration may have forgotten to mention a gate in a feature that appears, from the Ordnance Survey map, to bar access from adjoining land. Usually, therefore, we will arrange for a surveyor from Ordnance Survey to inspect the land and we will need to see their report before we can consider the application further.
You, the squatter and the registered proprietor will be informed of the inspection before it takes place. We examine each application on its own merits.
And although the facts in any application may be superficially similar to those in a reported case, they are unlikely to be identical. If, from the evidence we have seen, we believe it to be more likely than not that the squatter is entitled to apply to be registered, we will give notice of the application, under Schedule 6, paragraph 2 to:.
The notice will allow 65 business days for a reply and we will enclose a copy of form NAP for the recipient to use rules and of the Land Registration Rules Form NAP must be used for a counter notice whether or not the recipient also wants to object. It can be, but need not be, used to give consent or to object though any objection must be in writing rule 19 of the Land Registration Rules The registrar may also give notice to any other person considered appropriate rule 17 of the Land Registration Rules Therefore, we will normally give notice to successors in title to the registered proprietor, known or suspected from other available information or our local knowledge to have become entitled to the estate affected, such as a trustee in bankruptcy or a successor local authority.
This notice will allow 15 business days for a reply as it is not a notice that the registrar is required to give under Schedule 6, paragraph 2 of the Land Registration Act A person receiving such a notice will only have 2 options: either to consent or to object to the application. If we do not receive a counter notice from any of the people given notice under Schedule 6, paragraph 2 of the Land Registration Act , or any objection, we will register the squatter as proprietor once the time limit has expired Schedule 6, paragraph 4 of the Land Registration Act If their application relates to part of an existing registered title, then we will remove that part from the existing title and register them as proprietor of that part under a new title number.
As a general principle, the registration of a squatter does not affect the priority of any interest affecting the estate Schedule 6, paragraph 9 2 of the Land Registration Act Therefore, when a squatter is registered as proprietor of the whole or part of an existing registered title, they will take subject to the same estates, rights and interests that bound the previous proprietor.
This general principle is subject to what we say in Charges. The general rule is that a squatter is automatically entitled to be registered free of any registered charges but not charges protected by a notice in the register affecting the title immediately before their registration Schedule 6, paragraph 9 3 of the Land Registration Act There is an exception to this general rule.
The apportionment will be on the basis of.
Rules A to G of the Land Registration Rules set out in detail the procedures relating to apportionment. The procedures can only be instigated once the squatter has been successfully registered. HM Land Registry plays no part in them. They require the squatter to give notice to the chargee requesting that the charge be apportioned. The squatter is required to provide valuations of the land comprising the new registered title and the other property subject to the charge.
Registration of Community Land in Kenya – Mapping: (No) Big Deal
However, the exception may itself be qualified. Where the charge is not a registered charge a common example would be a charging order , then the general principle set out in Registration applies. If, however, the squatter takes subject to the charge and it affects other property as well, then the squatter may require apportionment Schedule 6, paragraph 10 of the Land Registration Act and rules A to G of the Land Registration Rules apply equally to charges that are not registered charges. This must be a postal address, whether or not in the United Kingdom.
Further postal, email or DX addresses may be given as well, but there can be no more than 3 addresses for service in total rule of the Land Registration Rules Form NAP may be used for this purpose. In such a case, the objector must return the form NAP with 2 boxes ticked. They must both object, and require the application to be dealt with under paragraph 5 see Giving counter notice to the registrar in response to notice.
They must give the grounds of their objection. If a person given notice by the registrar Under Schedule 6, paragraph 2 of the Land Registration Act objects to an application but does not indicate on form NAP that they require the application to be dealt with under paragraph 5, they will lose the opportunity to request that the application be dealt with under paragraph 5 once the 65 business day notice period has expired.
In that case, it becomes immaterial whether or not the squatter can prove one of the three conditions. The squatter will be entitled to be registered as proprietor unless the objection is successful Schedule 6, paragraph 4 of the Land Registration Act If the registrar decides that the objection is not groundless, notice of the objection must be given to the squatter or their conveyancer section 73 5 of the Land Registration Act The registrar will then ask both parties whether they wish to negotiate and whether they consider that it may be possible to reach an agreement.
If all parties respond positively, the registrar will allow them time to settle the matter by agreement. However, as soon as it becomes clear that the 2 sides are unable to reach an agreement, the registrar must refer the matter to the tribunal section 73 7 of the Land Registration Act This will be done immediately if the parties do not wish to negotiate. The tribunal will then either set a date for hearing and determining the matter or direct one of the parties to start proceedings in court. Further details of the procedure to be followed and of the position as to costs will be supplied by it at that stage.
A person receiving the 65 business day notice sent under Schedule 6, paragraph 2 of the Land Registration Act may choose to give counter notice to the registrar, requiring the application to be dealt with under Schedule 6, paragraph 5 of the Land Registration Act The counter notice has to be in form NAP, a copy of which is sent out with the notice: it must be completed and returned to the registrar within 65 business days rules and of the Land Registration Rules While form NAP must be used for giving counter notice, it is not necessary to use the particular copy originally sent by us.
Suppose, for example, that the registered proprietor is notified by us of an application by a squatter and responds by lodging an objection using the copy of form NAP enclosed with the notice. They then decide, before the 65 business days have expired, that they wish also to give counter notice. They should do this using another copy of form NAP which they can obtain from us if they wish.
If the squatter has not stated in their form ADV1 that they are relying on one of the three conditions in paragraph 5, then their application will be rejected when we receive the counter notice. Communities can now freely enter agreements with investors to enable environmental, social and economic impact assessment; rehabilitation of land; capacity building; and transfer of technology. Below is a summary of the process and requirements for the registration of community land in Kenya:.
The community shall elect representatives to manage and administer the registered community land on behalf of the respective community. Before submission of the community formation and registration documents to the registrar of societies, the local chief must authenticate these documents by applying an official stamp to the application documents and letter.
The Registrar of Societies then provides the community with a registration certificate after due diligence. This means the community is officially registered, but their interest in the land has not been documented. The surveyor provides an index map of the country and dials down to the specific area of land of interest on the official map of the area. Survey of Kenya — Registered Surveyor. With the FR map, the Survey of Kenya indicates the reference points for the parcel, these guide the surveyor in placing new coordinates on the ground relative to the official control points.
Once the points are marked, beacons are planted to mark the new points. A list of coordinates demarcating the boundaries is then established in relation to these points. Survey of Kenya There is an official template called the deed plan that shows the reference point, the new points, and the resultant maps. The deed plan is taken to the land control board for scrutiny and verification.
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