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Posted Sun, 16 Jun 2024 07:41:28 GMT by Steve Burke
I an the Secretary of a Local Community Campaign seeking to secure a meaningful future for three former Public Town Wells. At the start of this Campaign none of the wells had Deeds and none were registered with HMLR . In May 2019, encourage by this Campaign  Local District Borough Council obtained a First Registration 'Title Absolute'. They did have a 'Plan Refered To' indicating a Transaction of  a Municipal forebear  and admitted possessory action by it and its municipal forebears.

Two other wells have had similar possesary actions by the Council and its forebears but no similar document as the 'Plan Refered To'. They believe that to make further applications to HMLR would be decietful and unlawfull given that the could not sign up to Deeds having been 'Lost or Destroyed' as they may never have been Lost or Destroyed and Deeds may never have existed in the first place.

The structures on all three of the Grade II Listed sites are Tudor though the sites are actually Pre-Norman and of enormous local and regional significance.

Our Campaign disputes the Council's position on this. We can find no precedence for this stance nor any information from HMLR to support it. 

WE believe HMLR will at least consider an application for some for of Registration and ideally a 'Title Absolute' which would be of greatest benefit in securing a meaningful and lasting future for all three ancient sites. Without a Title no Grants or funding of any kind can be obtained and no insurance obtained to undertake archaeological investigations and the urgent conservation and repairs works.

I seek assistance on the key issue here which is 'Can a First Registration application to HMLR for Title Absolute (ideally) or other title be made without fear of the claim of being Unlawful and Decietful'? 

Can anyone offer opinion on this so we can try assure out Council's Officers that to make such application will not be legally prejudicial?

Steve Burke Dip.Ach (Oxf'd) 
Secretary 
CTWCC

Attached Historic Records of Judicial Control & Possessory Actions
 
Posted Mon, 17 Jun 2024 07:12:47 GMT by Nimish Patel
Steve - This forum is primarily meant for providing guidance on HM Land Registry procedures and requirements.  We cannot comment on what would be a legal opinion. 

If you are seeking a legal opinion or a comment on it then I would suggest you try some other forums, for example Money Saving Expert or Garden Law.   We do not endorse these forums or what may be said in there, but you may be able to seek views of someone who is qualified to comment on them or who may have been through similar situation.  

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