Half back garden council owned/Ltd owned

[Carlosdecorator]

I've just bought a house. We knew half the back garden wasn't owned by the vendors, but has been used since 1931 and is all fenced off as the house garden. The vendors had a tenancy with the council to rent it. I've seen the documents which state the council. The rent hasn't been collected since 2015. The council transfered all their houses and land to a Ltd buisness that's now a charity. This payment wasn't collected from around this date.

The tenancy was with the council. The land is owned by the Ltd charity company. No correspondence from them with regards to the land has been received from them since 2015. The vendors have still used the land as part of the garden.

We'd like to have this bit of land too. We're not too sure how to proceed. I have tried to speak to the ltd charity business who claim they dont do garden tenancies. I need to either take over the tenancy or try and buy it if it's not too expensive. I'm not sure they're aware they even own it.

I've attached photos showing the rear garden. The boundary in blue is the Ltd charity business owned land. The red, ours.

im not sure if i can try adverce possesion in a few years as i believe it passes from owner to owner. Since the new buisness took over the freehold of that land, its been used wothout their permission or knowledge. I dont want to annoy them by an application and they actually kick us off the land. What do i do?

[atticus]

You could see if this land is registered at Land Registry. If it is, obtain title details so that you can see who owns the freehold - approach that person with an offer to buy.

[Carlosdecorator]

I've done that. It's now owned by the Ltd charity company instead of the council. They both work hand in hand. I've tried to contact them but no one knows who I shpuld speak to

[atticus]

Write a letter. Address it to the Chief Executive. He/She will get it to the right person.

[Carlosdecorator]

Thank you. If the vendors have been there since the Ltd company took over the land from the council and have been on that land without permission, would they/us have a claim for adverse possesion?

[atticus]

Adverse possession is tricky - not my specialist area. But I understand that having previously paid rent for the land can make this problematic.

And it is even harder to get adverse possession of land with a title registered at Land registry.

[islandgirl]

I also understand that if land has been rented you cannot claim it under adverse possession. Try contacting your local councillor to help you find the owner = we exist to help with things like this!

[Carlosdecorator]

From my research they rented from Bolton Council until 2015 when no correspondence was further received. Bolton at home ltd took over Bolton Councils assets around the same time rent stopped, and never made contact. The current venders therefor believe that that land was given to them from the council as no further correspondence or invoices were received. Its just now on selling to us, that its been found to be owned by the ltd company.

[islandgirl]

What did your solicitor say when you were buying the property?

[Carlosdecorator]

Well for one, I had to point it out to them. They said I'm buying it knowing that land isn't included within the deeds and had to sign as such.

[islandgirl]

Ok thanks. I thought the solicitor may have done some digging - bad news that you had to point it out! Try your local councillor...