Ownership of Private Drive

[piccadilly]

We live at the end of a private drive which is shared with another property. The title plans from the Land Registry show the two properties clearly marked with a red surround indicating the land for each property.
However, there is no reference to the private drive, or strip of land at the edge of the drive, on anything I can find.
None of the properties have any deeds or documents to indicate who actually owns the drive, and who is responsible for maintenance - we have tended to share the cost in the past. The only mention is that we are entitled to pass and repass over the drive.
I have attached a sketch that may help with the drive and land highlighted in yellow- please excuse the quality of the draughtsmanship!
I have assumed that somebody owns this land - as I think every piece of land in the UK is owned by someone?
Before I speak to a solicitor, suggestions as to how to approach this would be helpful and appreciated.
Kind Regards,

[ostell]

Apply for adverse possession of the land, you and you neighbour and share the land as tenants in common.

[des8]

I doubt a claim for adverse possession would be successful as you already have an easement to pass over the land. and you don't appear to have shown intent to possess the land.

Have you checked Land Registry for ownership of that land? (cost £3) https://www.gov.uk/search-property-i...-land-registry

Your sketch is inaccessible.
Is the drive between two houses or on the edge of open land?
Do you know the ownership of neighbouring land?

Before approaching a solicitor do as much investigation yourself such as asking neighbours etc as it will be much cheaper !

[piccadilly]

Good Morning,

Thank you for your prompt replies - I have tried to upload the attachment - when I registered for the Forum last night I was informed that I didn't have the authority to upload an attachment.
I have tried again - so please let me know if that has worked.
Kind Regards, Drive Plan pdf 21072021.pdf

[des8]

Looking at the plan, and the brief description you give I would be trying to trace who sold what land where.

It could be (you don't give the ages of the properties) the original owners of house 2 owned the land on which house 1 is built. In selling the land they retained ownership of the driveway and gave house 1 the right of way. On selling house 2 they have retained the driveway, or it could be owned by the current owners of house 2 (have you researched their land Registry file yourself?)
Or it could be owned by the owners of the neighbouring land.

[piccadilly]

Thank You.
Our house was built first although 80 years ago and the Land Registry documents only mention we have the right to "pass and repass" over the land.
I have considered buying the drive and all the properties in the area i.e.including the neighbouring properties had the same vendor, but I very much doubt whether they are still alive.So I think I need to see a solicitor?

[des8]

Would suggest you do as much research as possible before consulting a solicitor.

Check Land Registry of neighbouring land, talk to any long term local residents to see if they have any info etc
If you cannot identify the owner you won't be able to buy!

[piccadilly]

Thank You.

Is it the case that somebody actually owns the land?

The original vendor must have passed on their estate to a beneficiary?

[des8]

All land in the UK has a legal owner, even if (s)he can't be identified.
You might find this blog of interest: https://hmlandregistry.blog.gov.uk/2...gistered-land/

[R0b]

Sounds like you might need to do an index (SIM) search. Might be sufficient if you use the plan for your own house and mark the edges area in question with a different colour.

The LR will confirm if it is unregistered land too. If it is, likely to be even more difficult for you to ascertain ownership as you need to rely on paperwork.

Are you sure there is nothing in your deeds that gives a title number or ownership? It would be surprising that you have a right to pass or repass over land without actually identifying the underlying owner.

More info here: https://www.gov.uk/get-information-a...-the-index-map

[piccadilly]

Thank You - I am re reading the deeds but they are quite complicated.A very helpful suggestion re the SIM application which I will proceed with.

[piccadilly]

Good Afternoon.

I have just spoken to the Land Registry and they have informed me that the private drive is unregistered land.

They suggested the developer or original vendor of the building land May own it - but this dates back 80 years or so.

I have the name of the original vendor on the house title deeds but nothing else.

[des8]

So go for Ostell's suggestion post 2

[piccadilly]

Des8,
Thank You for your reply.
I am preparing a briefing document for a solicitor and I will mention Ostell’s suggestion.
I am willing to buy the land, and even pay a premium ,and although the vendor of the land as I would expect passed away many years ago I think I have traced their ancestor - a great great grandson.I cannot see the land being any use to him and he may not be the owner but it’s a start.I cannot see the land being any use to whoever owns it and lump sum offer may be tempting.

The next question is which solicitor to use? I suspect it may need a property specialist but this job may be small fry compared to there their normal case load.I doubt whether the solicitor who we used for our conveyance would have the experience to deal with this matter.

[Ukmicky]

To adverse posses it your use would need to be inconsistent with your current legally held rights to use and maintain the land. You then would need to jump through all the other hoops required to prove adverse possession.

The chances of the grandson being able to prove he has the right to inherit and then having the deeds proving ownership allowing for first Registration so it can be sold after all these years is probably close to zero.

it’s probably bona vacantia land but proving either way is probably impossible after all this time. Think carefully before your throw good money at a solicitor for no benefit.