How Do I Prove an Interest in Land in the UK?

The law surrounding land is an ancient and complex area of law in England. You may commonly hear talk of “interests in land”, such as undisclosed interests in land. An interest in the land refers to various rights you may have over the land. For instance, some interests in the land will give you the right to sell or mortgage the land. Others will give you the right to live on and use the land or take possession and sell it. This article will discuss how you can prove your interest in land. 

Interests in Land 

The first step to determining if you have an interest in land is to identify what sort of rights you may have in the land. Significantly, it would help if you remembered that land can (and frequently will) have multiple interests. 

The most common rights in land include the right to:

• live on the land;
• sell the land (and be paid any proceeds from the sale);
• rent the land;
• exclude others from the land; 
• create new interests in the land; 
• pass through the land; 
• restrict the particular uses of the land; 

If you have one of these rights, you have a related interest (provided you can prove it).

Proving Your Interest 

In most cases, you should have a general idea of your interest in land. 

For instance, if you have used a neighbour’s land to park your car for 30 years, this is a specific and limited land use and is likely an easement. Therefore, you want to prove that this interest exists. If an interest exists, the law (i.e., a court) will recognise it and force others to recognise it. 

Unfortunately, disputes arise in the land because one party finds it difficult to prove their interest to another. Where there is a dispute, the law says there are competing interests in land. 

Land Registry

In the 1920s, the government created a registry containing titles to specific parcels of land. Today, almost all land is registered. 

A title is a document that ideally records all the interests in land. Therefore, your first move should be to check the title on the registry. Anyone can look up the title to any piece of registered land online by paying £3. 

However, you cannot register all actual interests in a given piece of land, nor are all interests capable of being registered. 

Freeholds

You must register a freehold interest to come into existence. If it is not on the title, the person alleging the freehold interest does not have one. Where there is a dispute in practice, it will arise because the actual transaction of the land was deficient. 

Leaseholds

For leaseholds greater than seven years, the same principle outlined above applies. 

You must register leaseholds for at least seven years. Instead, the law recognises this interest (provided the leaseholder can provide some evidence, such as a lease agreement). Where this is the case, this interest cannot be overridden. Thus, if you were to buy a piece of land and no one had informed you that a commercial tenant had five years of a six-year lease remaining, you would take the land as it is. You could not evict the tenant.

Mortgages 

You must register all mortgages to be entirely adequate. If a mortgage is not registered, the law says it is not legal. This means there will be limits to the lender’s rights they can use to enforce the security in the land.

Easements 

If you think you have an easement not registered on the title, you must register it before selling the land. Where there is a dispute over the easement’s existence, you should lodge a claim with the Land Tribunal, which may order the title updated with the easement. 

In some contexts, an easement is not capable of being registered. In such cases, you must enter a Restriction on the Proprietorship section of the title. This alerts a potential buyer to interest in land, which they must investigate. Failure to do so means the interest will bind them. 

Covenants 

Covenants are not registrable. You must enter a Restriction on the Proprietorship section of the title. 

Key Takeaways 

An interest in land is the right to do something with the land. Common interests include:

• freeholds; 
• leaseholds; 
• mortgages; 
• covenants; and 
• easements. 

Most registered interests exist on the Land Registry. However, where your interest in land is not obvious, you must hire a solicitor to represent you. This is because it is only sometimes clear if there is an actual interest in the land. Additionally, just because you may have an interest in land does not mean you can assert that interest against someone with a competing interest in land. Finally, just because you have legal ownership of the land does not mean others are not interested in your land. 

If you need help proving interest in land, our experienced leasing lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us on [numver] or visit our membership page.

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