YOUR PROPERTY, OUR PRIORITY SERIES: PROTECTING OUR CLIENT’S OWNERSHIP IN A LAND REGISTRATION DISPUTE

We were recently instructed to register a parcel of unregistered land on behalf of our client. What initially appeared to be a straightforward first‑registration process quickly developed into a complex ownership dispute.

The Challenge

Our clients, owners of a substantial residential property and land approached us to assist in the registration of some unregistered land where the title deeds had gone missing.  In preparation of submitting the application to HM Land Registry we noticed that a third party had submitted an earlier application to register the same land. This meant our client’s application could not proceed without first addressing the competing application.

To protect our client’s position, we needed to:

• Demonstrate that our client held the strongest claim to legal ownership

  
  

• Analyse and disprove the third party claim

  
  

• Present clear and factual submissions to HM Land Registry

  
  

Our Approach

We carried out a detailed investigation into the land’s history, our client’s documentary evidence and the basis of the competing application. We then prepared comprehensive representations to HM Land Registry, setting out:

• The legal basis for our client’s ownership

  
  

• Evidence supporting longstanding possession and entitlement

  
  

• Evidence of solicitors letters when the land was purchased with copies of all other supporting evidence including statements of facts from the original seller’s family

  
  

• The weaknesses and inaccuracies in the other party’s claim

  
  

Our submissions made clear that the competing applicant did not have a legitimate legal right to the land.

Key Takeaway

This matter demonstrates the importance of clear evidence and strong advocacy in first‑registration cases, particularly where competing claims arise. Thorough knowledge and experience in devising a strategy for dealing with applications or objections to HM Land Registry can make all the difference in protecting a client’s ownership rights.

If you have a query concerning unregistered land contact Harshinder Hundal Principal - Head of Commercial Real Estate for a no obligation consultation on 0808 172 93 22 or complete our quick contact form .

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  This update is for general guidance only and advice should be taken in relation to a particular set of circumstances.