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Building on land subject to Escheat

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  • Building on land subject to Escheat

    Hi Guys,

    I need some advice please,

    If a house owner has extended his home onto land that he thought was his but during building was warned it was not by local residence, he was told that it was in fact common land at the time. Later the land in question was proven not to belong to the home owner and has now been registered as Escheat land. How does that leave the home owner that extended onto land now subject to Escheat? To buy the land would cost a considerable amount as it attached to a private road. The Crown won't consider separating the plot from the rest of the land although they are not aware an extension has encroached onto the Escheat land. Is the extension illegal? Could the Crown in force removal of the extension, could the plot be ever legalised? How would this affect the resell of the house with an extension built on Escheat subject land?
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  • #2
    My understanding is that the Crown Estate does not take any action which might be construed as an act of management, possession or ownership in relation to escheat property, since to do so may incur liabilities associated with the property.
    That is the reason for not selling only part of the land, and probably means the Crown will do nothing.
    If the land is ever sold, it will be for the new owners to take what steps they deem appropriate over the building extention

    How difficult that makes it to sell I wouldn't like to guess, but I imagine most ordinary buyers would steer clear of such a property

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    • #3
      Hi DES8

      Thank you for taking the time to reply to my question, in the little dealings I have had with laws surrounding land ownership it would seem very easy for people to occupy and build on land regardless of title owners or surrounding land owners feelings, its such a shame, land baggers are free to do as they want to in most cases. It seems almost impossible to prevent land baggers from almost stealing what ever land they want to if it benefits them. I am really bitter about the circumstance around the question but there seems little you can do to prevent developments like this taking place.

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