Protecting Your Home from Land Pirates

Receiving an offer

If you’ve read some of the recent press articles about land pirates then you’ll be aware of the problems that they can cause for property and land owners. If you’ve not read about them, then it’s worth reading this blog to ensure your home is protected and you’re aware of the potential dangers.

What is a land pirate?

Put simply, a land pirate is someone who takes over what they see as an abandoned property/land and lives or ‘squats’ there. The issue has come into the news recently with former nurse Neil Parker, who moved onto a seemingly abandoned property and plot of land in West Wales. The local farmer claims that he owns the land and has reportedly blocked access to it with bales of hay.

The farmer says that they have a will from 1969 showing ownership of the land, but as yet they haven’t registered it with the Land Registry. Mr Parker, however, says that if there is no proof of ownership then he won’t leave – and this is where the problems start, failure to be registered with the Land Registry.

What does this mean for property owners?

The Land Registration Act of 2002 states that an unlisted site can fall into someone’s possession after 12 years – if they can show they are present and working on the land. 

Most properties are registered with the Land Registry, and as part of the buying/selling process this will all be checked and verified by the solicitors and estate agents. If you’re unsure you can check that your property is registered here

If you own land or property that isn’t registered, then you risk having someone squatting in/on it. Mr Parker, the man mentioned above, has built a database of hundreds of derelict buildings that have no legal owner and he says that the public can legally reclaim these. 

While Mr Parker says his goal is to clear the area where he is living, which had become overgrown, and plant trees, there is always the risk that any squatters will let the area run into disrepair. Take a look at the article and you’ll see that for the farmer who says they inherited the land, the situation has brought a lot of misery. While they say they have the title deeds, they haven’t registered the property – it’s this that is the root cause of the situation they now find themselves in.

Hannah Taylor, a senior associate at Midlands law firm mfg Solicitors, has also warned that farmers and landowners should check that ‘every inch’ of their land is legally registered. This comes after a growth of ‘adverse possession’ cases – which can see a person without a legal land title become the owner by being in possession of the land in excess of 10 to 12 years. Read more about her warning here

Beware Fraudsters

On the same note, it’s also worth knowing that with HM Land Registry you can put an Anti-Fraud Restriction on your property to prevent any sales or mortgages being registered against your title unless a conveyancer or solicitor certifies that the application was made by you. 

This is important if you remember the case from 2022 of the poor Reverend Mike Hall, who on returning to his Luton home after some time away found that the locks had been changed, furnishings removed and the property was occupied by someone else. 

Mr Hall was told by the new occupier that he had purchased the property and it was registered in his name. On investigation it was found that Mr Hall’s identity had been stolen and used by a fraudster to sell his house while he was away. The fraudster had duplicated Mr Hall’s driving licence and set up a bank account in his name, in which the proceeds of the sale were received.

HM Land Registry’s Anti-Fraud Restriction works to reduce the risk of property fraud and deter potential fraudsters from targeting the property. There is a small fee of £40 to complete the application form, but it’s a price well worth paying for greater peace of mind.

Another option is to sign up for property alerts if anyone applies to change the register of your property. This will alert you, rather than blocking a change, but it means you can take action. There’s no fee for this and you can get alerts for up to 10 properties – find out more here.

Speak to us if you’re concerned about any of the issues talked about here.