Can a PC waive claim to unregistered land?

Question

My village has a small area of land which a resident would like to register to extend his garden. The PC has a reasonable claim to ownership but has never applied to register it at the Land Registry. The resident has offered a donation to the PC to waive its claim and allow him to register it as his own. Would the PC agreeing to do this be legal?

Answer 1

If the PC has a reasonable claim to ownership, seemingly acknowledged by the resident, but doesn't want to own it, it should sell the land at its true market value.

Comments

Thankyou. I understand that to sell, the land must be registered. The offer of a donation was made in order to avoid registration and conveyancing costs.

---

The land doesn't have to be registered in order to sell it but ownership does need to be proved and your post does suggest that this might not be easy.  However, in any event the parish council has a duty to the parish and giving away land or indeed any asset which might have a market value does not sound like good management of its assets to me.

---

I was having similar thoughts to this.  If the parish council owns the land then it is OBLIGED to sell at an open market valuation.  If it doesn't own it then why should it expect to to receive a donation.

---

Thanks, sounds right.