Our Service

We are here to help Town and Parish Councils put their land records in good order and to meet the requirements of Data Transparency regulations and the Land Registry's desire to achieve comprehensive registration.

When it comes to Parish Council land records there are three inevitabilities:

1. It is inevitable that Parish Councils will be required to publish the location of property assets.

2. It is inevitable that conveyancing will eventually become entirely electronic.

3. It is inevitable that eventually the Government will make it compulsory for all land to be registered.

Any one of these factors should lead to all Parish Councils having to investigate the title to all land managed by them.

To commence such a process now would be good housekeeping and very sensible.

Our service consists of the following:

✓ An initial audit to advise what action your council needs to take and what the potential cost will be in the form of a report.

✓ Advice as to whether you can obtain funding for this work.

✓ Assistance with the registration process.

✓ Computer help with storing your property information electronically, including the mapping of assets where applicable.

Data Transparency

Introduction

The Code of Recommended Practice for Local Authorities on Data Transparency was published in 2015.

It applies to Parish councils which have gross annual income or expenditure of at least £200,000.

One of the requirements of this code is that information as to the location of public land and building assets should be published electronically.

The Government urge all Councils to make every effort to meet the expectations of the Code as to Data Transparency.

THIS CODE IS NOW MANDATORY.

Background

The Government is committed to a culture of public sector transparency through electronic publication of financial and other information. Members of the public are expecting ever more information about and accountability for publicly funded bodies.

The current Local Government Transparency Code was issued in February 2015. The Code applies to parish councils with either gross income or expenditure over £200,000.

Following consultation the Government made regulations, under section 3 of the 1980 Act, to require the publication of data sets specified in part 2 of the Code. This includes data on the land and buildings held by the authority. The relevant regulations came into force on 31 October 2014.

Smaller Councils

Whilst smaller councils do not have to comply with the code, those with an annual income or expenditure nearing £200,000 should consider complying with the regulations.

The Transparency Code for smaller authorities was issued in December 2014. As with the code for larger councils issued in May 2014, this code is issued under section 2 of the 1980 Act. This Code applies to parish councils with both income and expenditure under £25,000, and takes into account the limited requirements for routine audit for these councils.

Amongst other things, this code requires the publication of details of public land and building assets.

Conclusion

Long term all parish councils should recognise that there is a desire of Central Government for all public organisations to make information available to the general public.

The governance and accountability for smaller authorities requires proper practices to be applied in accordance with the law.

Comprehensive Registration

Why now is the time to sort out your land records and get your property properly registered.

The Land Registry wants you to achieve comprehensive registration by 2030

As mentioned in the Land Registry’s blog, around 15% of land in England and Wales is still unregistered, and achieving comprehensive registration by 2030 is a key target for the Government and a core component of the Land Registry’s Business Strategy 2017-2022.

What is the definition of ‘registered’?

Registration is the official recording of property ownership with HM Land Registry in its Land Register. Despite what a lot of people assume, not all property is registered, and there are different reasons for this.

According to the Land Registry the main reason for a property not being registered is that there has not been a transaction, such as a sale or mortgage, on that property since registration became mandatory in its local area – this is particularly the case with many Parish Councils.

What are the benefits of registration?

The two main benefits of registration are:

• providing proof of ownership

• helping protect property from fraud

Additionally, a comprehensive register will make conveyancing simpler, faster, and cheaper as the necessary information will be contained in the Land Register, which is online and available for everyone to see.

Although the Land Registry is seeking ‘comprehensive’ registration, it is not aiming to achieve ‘total’ registration. This due to the fact that there will always be some small pieces of land where the owners are difficult to identify.

Whilst the Land Registry’s initial focus is on registering all publicly-owned land in order to boost housing development by 2020, they also have longer terms goals. One of these goals is to register all remaining land by 2030.

How do I register my Council’s property?

If your council has deeds to the pieces of land they maintain then these can be analysed with a view to making an application for registration of title.

If your council does not have deeds to pieces of land which they maintain then it must consider the following when deciding which pieces of land you might wish to claim title to.

In order to establish sufficient facts to persuade the Land Registry to grant some form of title it is necessary to show that the Council has acquired title by adverse possession.

Requirements for establishing title by adverse possession:

1. In order to claim title by adverse possession, the Council must show that it has been in possession of the land, and that this possession has been adverse, for longer than 12 years.

2. There are two essential elements of possession, both of which must be shown to exist: the fact of possession and the intention to possess.

2.1. The fact of possession

What must be shown as constituting factual possession is that the alleged possessor has been dealing with the land in question as an occupying owner might have been expected to deal with it and that no-one else has done so.

2.2. The intention to possess

As well as taking physical possession of the land, the Council must have the intention to possess it, which has been defined as:

'The intention, in one’s own name and on one’s own behalf, to exclude the world at large, including the owner with the paper title…..so far as is reasonably practicable and so far as the processes of the law will allow.'

The Council must not only have this intention; it must make it clear to the world.

Proving the necessary intention

In general, Land Registry and, indeed, the courts do not rely on the claimant’s own state ment about his intentions, because it may so easily be self-serving, and accordingly, they will tend to look for conduct from which the necessary intention may be inferred.

What is necessary for the Council to do is to research the minute book, and also perhaps with the Historical Society. Evidence of actions taken by the Council (e.g. erecting a seat, planting a tree) will go a long way to proving that the Council had the necessary intention. Further, an older resident or former councillor might also be approached to seek out information as to what happened in the past with such land.

There then needs to be completed either a statutory declaration or a statement of truth.

2.3. Possession must be adverse

There is no statutory definition of ‘adverse’, but it may be understood as meaning possession which is inconsistent with the rights of the owner (although it is clear that it does not have to be in any way hostile or aggressive).

How we can help

LPR offers an efficient and cost effective service to help your Council register its land in order to comply with the Land Registry’s goal of achieving comprehensive registration by 2030. In addition to registration we can also help with the mapping of Council assets, and achieve compliance with the Local Government Transparency Code 2015.

We have worked successfully with a wide range of Town and Parish Councils. We look forward to seeing how we can help you.