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I imgine a TP1 was l, submitted, and registered, to transfer part of the builder's land into your name.youknowwho wrote: »......Was the solicitor that I used not supposed to have filled in a TP1 (transfer of part title) before we completed to make sure that plot we were buying was in fact owned by the builder? Have the solicitors been negligent and what rights do I have?.
However in this case it seems the plot transferred via the TP1 did not reflect the actual land enclosed by the fence which you thought you were buying.
I am willing to bet (£10 to your preferred charity) that your solicitor never visited the plot to compare the position of the fence against the Plan submitted with the TP1.
Solicitors rely on their clients, the buyer, to ensure that the land being transferred in the paprwork matches the land the buyer believes they are buying.
Typically they send the buyer a draft copy of the Plan and ask the buyer to check it.
did you not receive this paperwork, and check it, before you agreed to Exchange Contracts?0 -
Three years seems rather on the short side for adverse possession.
We have explored this route and we can claim it as our sun about 12 years I believe. However, I need to sell it now as I do glove it in anymore as I have had to relocate. And, I still have the other piece of garden that someone else owns. In its current state no one will by it as the boundaries are wrong. So I need to know do I move the boundaries in and claim for negligence to recompense me for what I have lost. Or can I sue them for completely messing up and demand that I would never have bought it and try and get the builders to. It it back off me?Halifax CC [STRIKE]£1322.88[/STRIKE] £0 :j 11.9% Virgin CC [STRIKE]£1534.76[/STRIKE] £1384.76 0% until AUG 13. Grant over payment [STRIKE]£166.66[/STRIKE] £0 :j DFD 31 JUL 13 #102 :beer:
Weight[STRIKE] 164lbs[/STRIKE] :mad: 05 May 164lbs
Target 146lbs by 30 JUN 13
Happiness is a way of life not a destination.:j0 -
I imgine a TP1 was l, submitted, and registered, to transfer part of the builder's land into your name.
However in this case it seems the plot transferred via the TP1 did not reflect the actual land enclosed by the fence which you thought you were buying.
I am willing to bet (£10 to your preferred charity) that your solicitor never visited the plot to compare the position of the fence against the Plan submitted with the TP1.
Solicitors rely on their clients, the buyer, to ensure that the land being transferred in the paprwork matches the land the buyer believes they are buying.
Typically they send the buyer a draft copy of the Plan and ask the buyer to check it.
did you not receive this paperwork, and check it, before you agreed to Exchange Contracts?
A TP1 was NOT completed prior to purchase. Only a plot plan was provided by the developer which matched the boundaries (as I checked). It was only after completion that the solicitors tried to register the plot with the LR, then they realised the mess up. I have received my whole file from the solicitors and it shows all of this was dwicivered post completion as there were plenty of emails basically saying how they have messed up. They confirmed they did not do a TP1 prior.Halifax CC [STRIKE]£1322.88[/STRIKE] £0 :j 11.9% Virgin CC [STRIKE]£1534.76[/STRIKE] £1384.76 0% until AUG 13. Grant over payment [STRIKE]£166.66[/STRIKE] £0 :j DFD 31 JUL 13 #102 :beer:
Weight[STRIKE] 164lbs[/STRIKE] :mad: 05 May 164lbsTarget 146lbs by 30 JUN 13
Happiness is a way of life not a destination.:j0 -
Land_Registry wrote: »The TP1 is the the transfer deed so when that was submitted that's when the issues re 'unowned land' not being registered to you will have been raised by us.
Your solicitor should have known much sooner though as a search of the index map (if done) would have revealed the other Leasehold title and the unregistered aspect
I would recommend raising it with the solicitor using their complaints process for example. If you have any doubts then speak to another solicitor first but each firm should have a process for dealing with such 'after the event' issues, especially if negligence may be involved.
Solving it now may involve looking at an Adv P claim but you have a Leasehold interest involved as well so it's unlikely to be as per moneyistoshort mentions I suspect. But a solicitor can also unravel that kind for you
Thank you, do you know if it is a legal requirement that a TP1 is conducted (or check of situation) is conducted prior to purchase? I believe that the solicitors trusted the plot map off the developer and were just as shocked as me to find out post completion, based on their emails back and forth with the LR and within their organisation.Halifax CC [STRIKE]£1322.88[/STRIKE] £0 :j 11.9% Virgin CC [STRIKE]£1534.76[/STRIKE] £1384.76 0% until AUG 13. Grant over payment [STRIKE]£166.66[/STRIKE] £0 :j DFD 31 JUL 13 #102 :beer:
Weight[STRIKE] 164lbs[/STRIKE] :mad: 05 May 164lbsTarget 146lbs by 30 JUN 13
Happiness is a way of life not a destination.:j0 -
I think I have learnt that a TP1 is done post completion as that is the legal transfer of title. However, surely the solicitor must check that what I thought I was buying was correct? So they must do some sort of searches to ensure the plot is rightfully owned by the builder?Halifax CC [STRIKE]£1322.88[/STRIKE] £0 :j 11.9% Virgin CC [STRIKE]£1534.76[/STRIKE] £1384.76 0% until AUG 13. Grant over payment [STRIKE]£166.66[/STRIKE] £0 :j DFD 31 JUL 13 #102 :beer:
Weight[STRIKE] 164lbs[/STRIKE] :mad: 05 May 164lbsTarget 146lbs by 30 JUN 13
Happiness is a way of life not a destination.:j0 -
youknowwho wrote: »I think I have learnt that a TP1 is done post completion as that is the legal transfer of title. However, surely the solicitor must check that what I thought I was buying was correct? So they must do some sort of searches to ensure the plot is rightfully owned by the builder?
As posted previously there are protocols all conveyancers will complete during a sale/purchase. These are outlined in the Conveyancing Handbook for example which most will follow.
I'm not aware that it's a 'legal requirement' but all signed up firms, for example with SRA, will have a code of practice etc so if you are looking for recompense/responsibility then that woukd be your starting point. The solicitors themselves can advise you on the process and so can the SRA“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
the solicitors weren't recommended by the builders were they?"It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
G_M/ Bowlhead99 RIP0 -
Surely it is up to YOU as the buyer to make sure that you check what are actually buying? Same as when you check the condition of a house for damp, defects etc it is up to you to do your own research to make sure that you are happy with all aspects of what you are buying. Why did you not question at the time there was no title plan supplied for you to check. That is a fundamental part of the process of buying a house.0
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It was only after completion that the solicitors tried to register the plot with the LR, then they realised the mess up. I have received my whole file from the solicitors and it shows all of this was dwicivered post completion as there were plenty of emails basically saying how they have messed up.
So they were aware they messed up but did not inform you? If they did tell you, didn't you chase it up at the time?0
This discussion has been closed.
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