Registering Land

Registering Land

Postby scotty » Fri Jul 01, 2011 1:06 pm

Right guys, hopw you can help, land outside of Glasgow,

there is a piece of land across from my house and I have done a seach through registers of scotland and found that the land is not registered. The grass on this land is about 4 feet tall now,

All I want to do is register the land so that no-one can build or erect anything on it, I just want to cut the grass down and keep it nice and neat for future years to come, what form do I need to complete to register the land, as I asked the registrars and all they could say was get legal advice or there was a form call ano domini.

can someone please advise correct forms, i would like to do this before the local council gets near it.

thanks
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Re: Registering Land

Postby Freeman Stephen » Fri Jul 01, 2011 1:31 pm

wow they now have a form for a non domino. if such things were available when i started it would have saved me alot of research. you need to have rights to the land before you can register them and provided you didnt buy the rights and there isnt a building on the land you dont need to register. just because the land isnt registered doesnt mean theres no owner. there may be a record in the sassines even if theres nothing in the land register. there may also be an owner who has not submitted to either the register or the sassines and while its easy to determineif there is an owner its impossible to determine if there is not.

the uk land register will not indemnify you from such a possibility for ten years and it will bind you into expensive contracts.

do you have a use for the land because your paper "ownership" could prevent the land from serving a useful purpose to someone who needs it.

whereabouts in glasgow are you? not submitted to either the register or the sassines and while its easy to determineif there is an owner its impossible to determine if there is not.

the uk land register will not indemnify you from such a possibility for ten years and it will bind you into expensive contracts.

do you have a use for the land because your paper "ownership" could prevent the land from serving a useful purpose to someone who needs it.

whereabouts in glasgow are you?
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Re: Registering Land

Postby scotty » Fri Jul 01, 2011 1:50 pm

Thanks for the reply, I am based in west dunbartonshire, the sasine records were checked and it seems that the land used to belong to a bigger part of an estate and land was only ever leased out, the estate that used to own this is now extinct.

Do you have copy of a A non domino, that I could use, I am hopefully going to fence off the piece of land eventually and turn into a play area for the kids in my area, as they have no where else to go. but for meantime I would just like to keep it neat and tidy.
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Re: Registering Land

Postby Freeman Stephen » Fri Jul 01, 2011 2:27 pm

as far as im aware you need a draft royal warrant for this type of acquisition because the extinction of the identifiable former owner means it fell to the crown. you send a draft royal warrant and a draft deed to the queens lord treasurer and remembrancer. the deed is from the crown to you and thae warrant is from her majesty to the crown. you get the pro formas by emailing the qltr which is a department close to the pf. it should take about six weeks for a reply to the warrant/deed but if they dont get back to you in a year you can treat it as land in which the crown never had an interest which is where im at. ideally you want the draft deed to read as being granted to you without consideration because you will otherwise need to pay for it but the qltr may ammend this and produce a non draft deed for you to accept.
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Re: Registering Land

Postby scotty » Mon Jul 04, 2011 7:57 am

Stephan, thanks for the info, starting to make sense now, you have been a great help so far, the ony thing is that I need a dummies guide as I have never done anything like this before, do you have such a thing as a template for the draft royal warrant and draft deed that I seen to the qltr. I have done a search and cannot find anything.

thanks
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Re: Registering Land

Postby Freeman Stephen » Mon Jul 04, 2011 2:12 pm

send me a 300 watt 12v battery charger or transformer and ill get it for you from my pc. alternatively send an email to the qltr asking for the bona vacanta pro formas and they will email back with pdf attachments within a day or so. their email address is available on the pf and crown office web server. just google qltr. (a pro forma is like a form just setting out the words you need to use with blank spaces for the bits you fill in yourself)
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Re: Registering Land

Postby scotty » Tue Jul 05, 2011 2:57 pm

stephen, thanks for the help, I emailed the qltr at the pf office today, and they advised that they cannot just send the forms out, I need to send through to them all the proof that this has fallen to the crown , and then they would come out and value the land and then make a decision as to wheter they will send the forms out, stage 1, what they advised was that they do not just give this land away,
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Re: Registering Land

Postby Freeman Stephen » Tue Jul 05, 2011 3:54 pm

i have the pro formas on my rig but i cant access it due to electric generation issues. i just sent an email and they replied with the various pro formas attached. this was the advice given on their web page at copfs about two years ago. remember a form is a piece of paper with boxes and a pro forma is a set of words to be used in writing your own piece of paper. they might be confused about what your asking for or it could be the old "he doesnt know how to play chess so we arent letting him near the board".

theres alot of nepotism in regard to land claims. this isnt legal advice but if i was you i would pen and paper write to them (hoping for a pen and paper reply) asking

if they wish to claim an interest to give you the forms.

if they dont give you the forms, they will lose any right to claim an interest after a year.

you can start the usucaption process now but if the crown decides to fuck you within the year which they might not you will lose any hard work youve put into it.

if your purpose is registration you can still be challenged by the asignees or successors of the old estate for ten years after you register. although the estate is extinct, the land may belong to one or several of its creditors. if you take the land you could become responsible for the debts of the old estate.

registration halves the time it takes to make your claim unchallengable but you will be joindered into things like stamp duty and the crown will gain a midcouple allowing them to treat the land as their own when they see fit.

its a very expensive corner cut. and a pro forma is a set of words to be used in writing your own piece of paper. they might be confused about what your asking for or it could be the old "he doesnt know how to play chess so we arent letting him near the board".

theres alot of nepotism in regard to land claims. this isnt legal advice but if i was you i would pen and paper write to them (hoping for a pen and paper reply) asking

if they wish to claim an interest to give you the forms.

if they dont give you the forms, they will lose any right to claim an interest after a year.

you can start the usucaption process now but if the crown decides to fuck you within the year which they might not you will lose any hard work youve put into it.

if your purpose is registration you can still be challenged by the asignees or successors of the old estate for ten years after you register. although the estate is extinct, the land may belong to one or several of its creditors. if you take the land you could become responsible for the debts of the old estate.

registration halves the time it takes to make your claim unchallengable but you will be joindered into things like stamp duty and the crown will gain a midcouple allowing them to treat the land as their own when they see fit.

its a very expensive corner cut.
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Re: Registering Land

Postby Freeman Stephen » Tue Jul 05, 2011 4:16 pm

to register you will need a deed from someone who is not the owner (a non domino) or a notice of title which can be found published in a schedulecto the prescription and limitatations act. if you fuck up then the grantor looks a bit dodgy so i initially granted to the grantor to keep him in the clear so if the shit hits the fans i get 100% of the brown sticky stuff. you serve the notice of title onto the land and after a while when people have read it and dont complain about it a perfected claim of right it doth become. mine was taken off its pin by someone and pinned back up again. i took this as acceptance but couldnt find any caselaw to backup a claim based upon a notice of title so i granted my land to my buddy for free via a deed who granted it back to me again. i should be able to register this but i dont want to. the deed itself is ownership, registration is just bureacracy you dont need to take part in unless you sell or buy the land, it has a mortgage or a building on it.

after ten years regardless of whether you do 20 year prescription unregistered or ten year prescription registered it doesnt matter where the second last deed came from just that you are the vestee of the latest deed and that the grantor of the latest deed has on the face of it, the right to grant it.
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Re: Registering Land

Postby Freeman Stephen » Tue Jul 05, 2011 4:39 pm

obviously if there is an extant owner the grantor has no right but so long as its genuinely presumed ownerless its okay but if the owner does show up you want the land to be worth more to them or you could be sued for the loss... but only if your challenged before the prescriptive period ends (10/20 years).

im writing screeds with a mobile phone here, why not call me. ill pm my number to you.
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