common law land and boaters

[Dominic M]

just thought you would like too know they have even now felled a tree across the stream now and sheds are in there as per usual starting too look like a rubbish tip at the side with old fish tank and other rubbish dumped they are using the towpath for entry so surely bwb should put up fencing too stop it .

Have they got their first earlies in?

[grahoom]

just thought you would like too know they have even now felled a tree across the stream now and sheds are in there as per usual starting too look like a rubbish tip at the side with old fish tank and other rubbish dumped they are using the towpath for entry so surely bwb should put up fencing too stop it .

 

have you talked to them about it ? or are you just the roving reporter?

[tony914474]

yes i have they are calling it common-law land and noone owns it which is why i was asking if it was common law land how come its fenced and now gates are padlocked

[starman]

Here we go again -- someone somewhere does own it and there's no such thing as "common law land" but, good luck to 'em, if they can manage to fence it off and keep it in their possession for the requisite number of years then they stand a reasonable chance of owning it one day. One suspects, though, that the appearance of fences, sheds and padlocks will cause someone claiming ownership to appear before too long.

[churchward]

I don't know what they mean by "common law land" (I think they've made that up, like the woman on the anarchy thread recently). Julynian is not quite right - the law goes back to "time immemorial" and is not town or county specific, but if someone has uncontested use of a piece of land for twelve years they can claim squatters rights on it and register it in their own name. Occupation and use would have to be proved, normally by having evidence that the land had been fenced off for their own use for that period. I don't know what land at Ricky is being claimed, but it may not even belong to BW of course - it could be Council land or even owned privately.

 

I have successfully used that approach on a piece of land at the bottom of my garden which now has a garage on it. If a piece of land has no apparent title owner then you can put in a temporary registration (I forget the actual legal name for this kind of title registration) providing no one else has got there before you. There is then a period of 12 years for someone to come forward and prove that they have prior and convincing full title to your registration. After that time (as long as there has been no successful claim) you can claim full title to the land and alter your registration and title for a small fee. However the point here is you have to register the land first not just use it and fence it off for 12 years. If you do then you get the intermediate registration if there is not an owner already identified the 12 years clock starts ticking.

 

yes i have they are calling it common-law land and noone owns it which is why i was asking if it was common law land how come its fenced and now gates are padlocked

It's not my area of expertise but I think you may be confusing this with commoners land i.e. land put aside for local commoners to use for animal grazing etc. This kind of land is specifically protected and one could be in serious trouble for violating such rights by fencing a section off. Land like this is protected by a royal/government charter.

Edited March 2, 2009 by churchward

[sueb]

yes i have they are calling it common-law land and noone owns it which is why i was asking if it was common law land how come its fenced and now gates are padlocked

You could try either the council or Land registry or both.

Sue

[chris w]

I have successfully used that approach on a piece of land at the bottom of my garden which now has a garage on it. If a piece of land has no apparent title owner then you can put in a temporary registration (I forget the actual legal name for this kind of title registration)

Possessory Title

 

Chris

[carlt]

Possessory Title

 

Chris

This is what BW are employing people to do.

 

Scouring the Land Registry for unregistered bankside land and staking a claim for it.

[churchward]

Possessory Title

 

Chris

That's the fella. Thanks. It worked nicely for me and after the 12 years I added the piece of land to my house title.

[carlt]

A rambler was walking across the moors when he was approached by a posh looking chap who said "I say, get orf my land!"

 

"How come it's your land, then?"

 

"This land belonged to my father"

 

"How did he get it?"

 

"It belonged to his father before him and his father before him and right back to my Great Great Great Great Grandfather"

 

"Well how did your Great Great Great Great Grandfather get it?"

 

"He fought for it, of course!"

 

"Well get your coat off then and I'll fight you for it!"

 

(Mike Harding, iirc)

[Steilsteven]

Seems as though these urban gardeners are ahead of the game - link here

 

Coming soon - return of the Levellers.

 

 

I think you mean the Diggers.

 

All land ownership is theft.

 

Keith

[Dominic M]

I think you mean the Diggers.

 

All land ownership is theft.

 

Keith

Who were also known as the True Levellers. But you are right, the Diggers is the name they became commonly known by.

 

Wat Tyler, anyone?

[Malarky]

A rambler was walking across the moors when he was approached by a posh looking chap who said "I say, get orf my land!"

 

"How come it's your land, then?"

 

"This land belonged to my father"

 

"How did he get it?"

 

"It belonged to his father before him and his father before him and right back to my Great Great Great Great Grandfather"

 

"Well how did your Great Great Great Great Grandfather get it?"

 

"He fought for it, of course!"

 

"Well get your coat off then and I'll fight you for it!"

 

(Mike Harding, iirc)

 

If you remove people who have adverse possesion of unregistered land by violence you will then loose any right to a claim on it.

 

The main reason land is registered is because otherwise some people wrongly assume it is not owned by anyone, or to enable some types of grants such as defra stewardships.

[Timleech]

All land ownership is theft.

 

Keith

 

If all land ownership is theft, it's being stolen from someone or some body................an owner, they must have stolen it already since all land ownership is theft...............

 

Tim

[Steilsteven]

If all land ownership is theft, it's being stolen from someone or some body................an owner, they must have stolen it already since all land ownership is theft...............

 

Tim

 

 

Exactly, as land already existed before man set foot on this planet how can anyone say they own it?

Before the Norman enclosures land was not owned by anyone in this country.

 

Keith.

Edited March 4, 2009 by Steilsteven

[starman]

Before the Norman enclosures land was not owned by anyone in this country.

 

Well they managed quite a lot of fighting about it all the same! From dim schoolboy memories didn't the Anglo-Saxons have quite a formal structure involving land ownership with thanes and serfs and so on?

[Mat B]

It's not my area of expertise but I think you may be confusing this with commoners land i.e. land put aside for local commoners to use for animal grazing etc. This kind of land is specifically protected and one could be in serious trouble for violating such rights by fencing a section off. Land like this is protected by a royal/government charter.

 

If anybody is interested, This Website shows all registered common land (And lots of other things as well)

[Dominic M]

Exactly, as land already existed before man set foot on this planet how can anyone say they own it?

Before the Norman enclosures land was not owned by anyone in this country.

 

Keith.

I have to dispute that, Keith. On my mother's side of my family tree my direct ancestor, in other words my many times great grandfather, Ughtred the Thane, owned land. Apparently, lots of it. I quote from the document which records: "Ughtred the Thane - Held 17 manors, West Derby Hundred, co Lancaster, before the Conquest, Lord of Raby, Co Durham (1042 - 1066) also land in Staffordshire and Derbyshire.

 

The Normans may have grabbed a load of land, but prior to that others laid claim to its ownership.