Form T362 UK: Absent Owner Tribunal Application Guide
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When an acquiring authority moves to compulsorily purchase land but cannot locate the owner, the process does not simply stall. There is a formal route through the Lands Chamber of the Upper Tribunal, and Form T362 is the document that gets it started.
This application allows the tribunal to determine the compensation payable for land where the owner is absent, missing, or cannot be identified after reasonable enquiries. It sits at the intersection of compulsory purchase law, land valuation, and procedural tribunal practice, so getting the detail right matters.
In this guide I'll walk through what the form covers, the legal provisions it relies on, the evidence you need to provide about tracing the owner, and the questions the Surveyor Member will want answered. If you're handling one of these applications for the first time, the level of specificity required can catch you off guard.
What this document is
Form T362 is the official application used by acquiring authorities, typically local councils, government departments, or statutory undertakers, to ask the Lands Chamber of the Upper Tribunal to determine compensation for land acquired compulsorily where the owner cannot be found. The legal framework behind it comes from the Compulsory Purchase Act 1965, particularly sections 5 and 21, and the older Lands Clauses Consolidation Act 1845, sections 58 and 106.
These provisions exist because an acquiring authority cannot be left in limbo when a landowner is untraceable. The tribunal steps in to value the land and fix the compensation, which is then paid into court to await any future claim by the rightful owner.
The form asks the authority to set out details of the land, the interest being acquired, any known charges, the date the authority took entry, and, critically, a full account of the steps taken to locate the owner. Without thorough tracing evidence, the tribunal will not proceed.
How to use this document
- Confirm the authority and legal basis. Begin by stating the full name and address of the acquiring authority making the application. Then identify the statutory provisions you are relying on, usually sections 5 and 21 of the Compulsory Purchase Act 1965, or the equivalent sections of the Lands Clauses Consolidation Act 1845 if the older regime applies.
- Describe the land and the interest being acquired. Provide a clear description of the land, its location or address, and the nature of the interest the authority is taking, whether freehold, leasehold, or some lesser interest. Note any known charges or encumbrances registered against the land, and state the date on which the authority entered and took possession.
- Identify the compulsory purchase order. Set out the statutory provision under which the compulsory purchase order was made, along with reference details of the order itself. The tribunal needs to see that the underlying CPO is valid and properly made before it can fix compensation under the absent owner route.
- Document the search for the owner. Attach a detailed schedule listing every step taken to trace the landowner, when each step was taken, and the outcome. This typically includes Land Registry searches, site notices, newspaper advertisements, enquiries of neighbours, and checks against electoral and probate records. The tribunal looks for genuine, thorough enquiry.
- Complete legal representative and fee details. Give the contact details of the authority's legal representative handling the case, including name, address, telephone, and email. Confirm whether the applicable determination fee and any valuation expenses have been paid, and complete the questionnaire for the Surveyor Member with details of nearby unsettled acquisitions, land use at entry, and any local land charges.
Common questions
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Common questions
Q Who can use Form T362?
Form T362 is used by acquiring authorities, which typically means local authorities, government departments, Homes England, highways bodies, or statutory undertakers with compulsory purchase powers. It is not a form for landowners or objectors. It is specifically designed for the situation where the authority has followed the CPO process but cannot locate the person entitled to compensation, and needs the tribunal to step in and fix the amount payable.
Q What does 'absent owner' actually mean?
An absent owner is a person entitled to an interest in compulsorily acquired land who cannot be found or identified despite reasonable enquiry. This might be because the land has been unregistered for decades, the owner has died without clear succession, or no current occupier or claimant can be traced. The tribunal will only treat an owner as absent if the authority can show it has made genuine, documented efforts to locate them.
Q What evidence of tracing does the tribunal expect?
The tribunal expects a detailed schedule of every enquiry made, with dates and outcomes. Typical steps include Land Registry and Land Charges searches, posting site notices on the land, placing adverts in local newspapers, checking electoral rolls and probate records, making enquiries with neighbouring occupiers, and instructing professional tracing agents. A half-hearted paper exercise will not satisfy the Surveyor Member.
Q How is the compensation calculated once the tribunal determines it?
The tribunal values the land using the usual compulsory purchase principles: open market value of the interest acquired, plus any disturbance or injurious affection where relevant. The Surveyor Member takes into account the land's use at the date of entry and any nearby acquisitions in the same scheme. Once fixed, the compensation is typically paid into court to await any future claim by the true owner.
Q Are there fees payable to the Upper Tribunal?
Yes, a determination fee is payable to the Lands Chamber, and additional valuation expenses may apply depending on the complexity of the case and whether a site inspection is needed. Fees change from time to time, so check the current Upper Tribunal (Lands Chamber) fee schedule on gov.uk before submitting the application. The application will not proceed until the fee has been paid or waived.
Q What happens if the owner later turns up?
If the true owner comes forward after compensation has been determined and paid into court, they can apply to the court to have the money released to them, subject to proving their entitlement. The tribunal's determination of value is generally final, so the owner receives the sum the tribunal fixed, rather than a fresh valuation. Interest may be payable on the money held.
Q Can the Form T362 process be used for any type of compulsory acquisition?
It is specifically tied to acquisitions under the Compulsory Purchase Act 1965 or the older Lands Clauses Consolidation Act 1845 regime. Different statutory frameworks, for example some acquisitions under specific infrastructure legislation, may have their own procedures. If you are unsure whether T362 is the right route for a particular scheme, check the enabling statute of the compulsory purchase order carefully.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · HMCTSUpper Tribunal (Lands Chamber) forms and guidancegov.uk
- LegislationCompulsory Purchase Act 1965legislation.gov.uk
- LegislationLands Clauses Consolidation Act 1845legislation.gov.uk
Legal helpline
Handling an absent owner application?
Compulsory purchase references to the Upper Tribunal involve strict procedural requirements and evidential thresholds around tracing. An experienced legal adviser can help you think through the application based on what you describe on the call, so you know what to watch out for before submitting.
- Plain-English answers to your specific questions about the T362 process
- Practical perspective on the tracing evidence you have gathered
- Guidance tailored to what you describe about the acquisition and CPO
- A clearer sense of your next procedural steps with the Lands Chamber
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.