News1 min ago
Does the land belong to us
We have recently put in an offer on a house. The house is not facing the road but there is a car parking space enough for 3 cars directly facing the raod. When we went to view the property the vendor told us that we would own half of this car parking land with our adjoining neighbours and the estate agent advertised the house as having 'allocated parking'.
However, after receiving the land registry title plan it became apparent that this land does not belong to the house. Our solicitor phoned the vendors solicitor who said that the land registry had down that there WAS associated land with the property, but he has since changed his mind and told us the the land doesn't belong to the house but that the vendor has used this land without problems for the past 4 years.
I searched on the land registry website myself with the postcode and house number and it came up saying 'Your enquiry has found 2 properties' One was the actual house and the other was 'land associated with ....'
We bought the 'land associated with...' title plan but it is exactly the same as the one the solicitor sent us outlining the property itself. Is this an error on the land registry website or will we actually own the land? There is nothing in the deeds saying so either.
We feel that we have been greatly misled by both the vendor and the estate agent and will not be happy if it transpires that we dont own the land. Do you think it would be best to pull out or ask for a reduction in price? If the latter, what would be an appropriate amount?
Thank you
However, after receiving the land registry title plan it became apparent that this land does not belong to the house. Our solicitor phoned the vendors solicitor who said that the land registry had down that there WAS associated land with the property, but he has since changed his mind and told us the the land doesn't belong to the house but that the vendor has used this land without problems for the past 4 years.
I searched on the land registry website myself with the postcode and house number and it came up saying 'Your enquiry has found 2 properties' One was the actual house and the other was 'land associated with ....'
We bought the 'land associated with...' title plan but it is exactly the same as the one the solicitor sent us outlining the property itself. Is this an error on the land registry website or will we actually own the land? There is nothing in the deeds saying so either.
We feel that we have been greatly misled by both the vendor and the estate agent and will not be happy if it transpires that we dont own the land. Do you think it would be best to pull out or ask for a reduction in price? If the latter, what would be an appropriate amount?
Thank you
Answers
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1. What you describe certainly seems to be an error on the land registry - they should not have the same property registered under two different title numbers.
2. If the land in question is registered at all, you should be able to find out who owns it by making an enquiry based on a plan showing the area of land you are concerned about. If necessary, talk to the land registry about how to go about this. You should also give them the 2 title numbers you so far have & point out the error - it just may be that one of these titles is supposed to be for the land & they have got them mixed up somehow.
3. If you will not own the land and the use by the present house owner has only been for 4 years then you will not acquire any inalienable right to go on using it for parking so - assuming the parking is essential for you - it is vital you get some proper written confirmation of the position (giving you a permanent easement and not just a licence) from whoever does own the land.
You will have to decide whether this is all too much hassle for you. If it is then you will no doubt decide to pull out. (Incidentally, was a HIP done? If so, it should have included documents to clarify all this!)
2. If the land in question is registered at all, you should be able to find out who owns it by making an enquiry based on a plan showing the area of land you are concerned about. If necessary, talk to the land registry about how to go about this. You should also give them the 2 title numbers you so far have & point out the error - it just may be that one of these titles is supposed to be for the land & they have got them mixed up somehow.
3. If you will not own the land and the use by the present house owner has only been for 4 years then you will not acquire any inalienable right to go on using it for parking so - assuming the parking is essential for you - it is vital you get some proper written confirmation of the position (giving you a permanent easement and not just a licence) from whoever does own the land.
You will have to decide whether this is all too much hassle for you. If it is then you will no doubt decide to pull out. (Incidentally, was a HIP done? If so, it should have included documents to clarify all this!)
This sounds like the vendor didn't appreciate the mistake, it has now come to light, and he wants an easy life by just changing his mind on the status of the land.
Either they sort out the mess before you buy or your solicitor resolves it, with you negotiating money off the purchase price for the hassle.
The least risky way for you is to say you are pulling out unless they sort it. The alternative is to ask your solicitor how much extra he/she will want to deal with the LR issues, then add say �1k to it.
Either they sort out the mess before you buy or your solicitor resolves it, with you negotiating money off the purchase price for the hassle.
The least risky way for you is to say you are pulling out unless they sort it. The alternative is to ask your solicitor how much extra he/she will want to deal with the LR issues, then add say �1k to it.
Why don't you aspproach the adjoining property owners and ask them what they think the status is ?? this may allow you to decide if its worth the hassle or not , if they defend that bit of land saying its mine its mine etc etc , or if its amicable it may be worth the clarification ......
You don't really want to be moving into a war zone and starting a fight with the neighbours .....
You don't really want to be moving into a war zone and starting a fight with the neighbours .....
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