Land Transactions & Rights Of Way

Occupation of land and rights of way can be confusing and often leads to doubt and uncertainty for the parties involved.

Clough & Willis's team of land specialists are able to assist you with any problems you may have regarding this type of issue.

Purchase of land

In theory, purchasing a piece of land should be simpler than a property, but it is still important to ensure that you are in contact with the right solicitor who asks the best questions and does the work properly. 

At Clough & Willis, we have considerable experience in this area and are able to assist you in your purchase. We will help you to consider issues such as rights of access, services to and your future use of the land.

Registration of ownership

You may have heard recently of the government and the Land Registry's initiative for owners to register their interest. 

Registering the title to your property provides an up-to-date official record of your ownership of the land and eliminates the need to examine the past history of the title.  It also helps to prevent fraud, which can occur where title deeds are lost or stolen.

It is important to register your title as a registered title is guaranteed by the Land Registry. This means that if a person suffers a loss because of a mistake or an omission from the Register, he or she may be entitled to compensation.

In addition, registration will clarify the details of the area that is owned by an individual, and reduces the possibility of someone being able to challenge that ownership.

Clough & Willis are able to deal with the first registration applications on your behalf.  We will guide you through the process and will deal with the administration formalities and correspond with the Land Registry. 

Adverse possession of land/squatters' rights

If you have been occupying an area that does not belong to you for a long period of time, you may wish to be registered as the owner of the land. This is known as an application for adverse possession and is often referred to as squatters' rights.  The rules regarding adverse possession are strict and must be complied with fully. Clough & Willis can guide you through your application, and submit the application to the Land Registry on your behalf for you to be registered as the owner of the land.

A common problem is that title deeds may have been lost over the years.  In order to prove ownership, an application will need to be submitted to the Land Registry for the current owner to be noted as the person legally entitled to the land or property. Again, this is an application with which we can assist. Please contact us for more details.

Rights of way/easements

An easement is the right for a person to use another person's land for a stated purpose.  An easement can relate to the whole of the property or a specific area.  Perhaps the most common easement is one that allows services, whether over or underground (for example water, drainage, gas, electricity, telephone and television cables), to one property to pass over or beneath the land of a neighbouring property. 

A right of way is a particular type of easement that gives somebody the right to travel across property owned by another person. 

If you wish to grant an easement or a right of way, or you wish to protect yourself in respect of one that you are already exercising or is being exercised over your property, please contact Lorraine Stratton-Webb for professional advice.  We are able to advise you of your options and to prepare the necessary document to protect your interest.