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    • Paul S 1986
    • By Paul S 1986 15th Mar 17, 12:21 PM
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    Paul S 1986
    Land Registry query
    • #1
    • 15th Mar 17, 12:21 PM
    Land Registry query 15th Mar 17 at 12:21 PM
    Hello,

    My wife and I are in the process of buying our first property, in Margate, Kent. There is, however, an issue regarding land registry that has been delaying the process for 2 months now.

    Our solicitors are claiming that the property 'does not abut the public highway', citing a plan showing a very small piece of land (the end of the driveway) whose ownership is uncertain.

    The seller's solicitors are claiming, conversely, that the property does abut the public highway and that there is no dispute. Thus, we have had a stalemate since January.

    Our solicitors have recently asked the sellers solicitors to see office copy entries for said piece of land and for evidence that a right of way has been given.

    The problem is that the house is being rented out and the owner is refusing to make the tenants leave until this issue has been sorted, despite the fact that their tenancy agreement ended on the 10th March - another mystery as to why they are still in there.

    My wife and I feel very let down by both solicitors (particularly the sellers') and the excuses and buck passing.

    I would be very grateful of any advice or support that anyone could give me on this matter; has anyone has experienced a similar problem and, if so, how was it resolved?

    Many thanks in advance,

    Paul.
Page 1
    • gembert83
    • By gembert83 15th Mar 17, 1:04 PM
    • 25 Posts
    • 113 Thanks
    gembert83
    • #2
    • 15th Mar 17, 1:04 PM
    • #2
    • 15th Mar 17, 1:04 PM
    If the land in between is registered then your sols can get a copy of the land registry title from the land registry website.


    Your query however isn't really a land registry issue.


    Have a highways search carried out with the local authority. The highways department will provide a plan showing the extent of the adopted highway so you will know what is and what is not adopted. If the colouring (in our local authority area they show it as blue) abuts the property boundary then that's great. If not ask the seller to provide a stat dec confirming usage and also a lack of easement indemnity policy.
    • Paul S 1986
    • By Paul S 1986 15th Mar 17, 2:08 PM
    • 6 Posts
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    Paul S 1986
    • #3
    • 15th Mar 17, 2:08 PM
    • #3
    • 15th Mar 17, 2:08 PM
    Many thanks, gembert, for your reply. Is it an HM Land Registry search that you are referring to? If so, who should I contact about having that done?

    You'll have to forgive my lack of knowledge on this subject; we are first time buyers so there are so many new terms and procedures to try to understand.

    Thanks again,

    Paul.
    • davidmcn
    • By davidmcn 15th Mar 17, 2:45 PM
    • 5,273 Posts
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    davidmcn
    • #4
    • 15th Mar 17, 2:45 PM
    • #4
    • 15th Mar 17, 2:45 PM
    Is it an HM Land Registry search that you are referring to? If so, who should I contact about having that done?
    Originally posted by Paul S 1986
    Given your solicitor is already dealing with it (and you're paying them to do so), it would make sense to talk to them rather than start trying to do your independent research.
    • neilio
    • By neilio 15th Mar 17, 2:48 PM
    • 214 Posts
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    neilio
    • #5
    • 15th Mar 17, 2:48 PM
    • #5
    • 15th Mar 17, 2:48 PM
    I had a similar situation when I sold my flat. My buyer's solicitor claimed that there was a tiny sliver of land between the public highway and the block of flats, but my solicitor maintained the building did abut public highway.

    It was also a stalemate situation. The buyer's solicitor was concerned that there were no easement rights over this alleged piece of land, which my solicitor maintained was not an issue. It dragged on for a while before I finally agreed to an easement indemnity policy because I just wanted to sell the flat and move on.

    It can be quite alarming (whether buying or selling) when you have solicitors claiming that such things are defective, but ultimately it will probably result in your solicitor seeking an indemnity policy.
    • Paul S 1986
    • By Paul S 1986 15th Mar 17, 2:54 PM
    • 6 Posts
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    Paul S 1986
    • #6
    • 15th Mar 17, 2:54 PM
    • #6
    • 15th Mar 17, 2:54 PM
    Thank you, davidmcn.

    I know what you are saying, my concern is that the two solicitors had a conversation/dispute about this (through various letters that we have been given copies of) in early January and it has taken me contacting them to ask why the house had not been vacated by 10th March, when it should have been, for them to wake up again.

    My wife and I have been very patient up to now (having had the offer accepted in October) and are just weary of having to continually remind and chase these people. Why the property has not been vacated by now is just beyond me.
    • davidmcn
    • By davidmcn 15th Mar 17, 3:11 PM
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    davidmcn
    • #7
    • 15th Mar 17, 3:11 PM
    • #7
    • 15th Mar 17, 3:11 PM
    Ok, you can instruct a Land Registry search yourselves, but then what - unless you're taking over the whole transaction from your solicitors it's not going to bring you much further forward. If you're not happy with your solicitor's performance then complain and/or take the work elsewhere.
    • stator
    • By stator 15th Mar 17, 3:15 PM
    • 5,548 Posts
    • 3,536 Thanks
    stator
    • #8
    • 15th Mar 17, 3:15 PM
    • #8
    • 15th Mar 17, 3:15 PM
    Given your solicitor is already dealing with it (and you're paying them to do so), it would make sense to talk to them rather than start trying to do your independent research.
    Originally posted by davidmcn
    Always worth checking the solicitors work if you have any doubts. They are prone to human error.

    It could be the case that there is a badly drawn map and two pieces of land may appear to have a gap between them when they don't.
    Could also be a ransom strip, which would cause problems.

    As mentioned above you could ask your solicitor whether they would accept an indemnity policy, that would get you over the issue, but who pays for the policy is another question.
    Changing the world, one sarcastic comment at a time.
    • Paul S 1986
    • By Paul S 1986 15th Mar 17, 3:26 PM
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    Paul S 1986
    • #9
    • 15th Mar 17, 3:26 PM
    • #9
    • 15th Mar 17, 3:26 PM
    Thanks davidmcn, that's a good point. I do think that complaints are in order - I haven't even mentioned the estate agents who have been appalling.

    If only everyone could have been as helpful as our mortgage advisor who even did extra work for us on Christmas Eve when it looked like it had all fallen through!
    • Paul S 1986
    • By Paul S 1986 15th Mar 17, 3:39 PM
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    Paul S 1986
    Thanks neilio. I am very interested to hear your story, it sounds almost identical and the fact that it was resolved does give some encouragement.

    Thanks, also, stator. It does seem, from what I can make out on the plans, that there is a tiny portion of the land - the front foot or so of the driveway - that is not covered under the same title. I don't understand​ how this could have happened.

    An indemnity has been mentioned so that may be the answer.
    • neilio
    • By neilio 15th Mar 17, 3:51 PM
    • 214 Posts
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    neilio
    Sometimes you have to let the solicitors battle it out with words, despite the jargon sounding a bit confusing and leaving you with the impression that you can somehow solve the problem yourself. They both probably know what the ultimate outcome will be. I would say, push for the indemnity if you really want the property. But, as mentioned above, it will come down to who agrees to pay for the indemnity. If the seller is eager to sell then they will probably be a little disgruntled but agree to pay for it. On the other hand, they may take the stance that if you want the house so badly then you should pay for it.

    The only reason I agreed was because I'd been through the ringer with an awkward buyer and I was desperate to sell, so I told my solicitor to stop with the tit for tat emails and offer the buyer the indemnity that I'd pay for because I wanted to dispose of the flat and move on.
    • Paul S 1986
    • By Paul S 1986 15th Mar 17, 3:57 PM
    • 6 Posts
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    Paul S 1986
    That is very helpful advice neilio, thank you. Depending on the cost of such a policy then we might be able to negotiate something. My concern would be that the house is being rented out and the owner may decide that he would rather continue with that than pay an extra cost to sell.

    It seems such a performance for something that should be so much easier!
    • neilio
    • By neilio 15th Mar 17, 4:03 PM
    • 214 Posts
    • 100 Thanks
    neilio
    The cost of the indemnity will depend on the type of indemnity and the value of the property (I think). It probably won't be more than a couple of hundred quid. In the grand scheme of things, what with the costs of everything else when buying and selling property, it's a small price to pay to get something over the finishing line. I doubt that your seller would consider this something that would change their mind about renting out or not.
    • Absjacks
    • By Absjacks 19th Mar 17, 4:42 PM
    • 1 Posts
    • 0 Thanks
    Absjacks
    My names still on Land Registry even after divorce.......help needed!
    Sorry to just jump on here, but I'm in desperate need of some advice.
    I have been divorced for the past 4 years nearly 5. My ex kept everything as I just wanted to get out quick. We signed all the documents to remove me from the mortgage and also transfer all property into his name only.
    Ex called me yesterday and told me my name is still on the land registry for the house due to the company hired during the divorce not removing my details. Ex now wants me to sign some legal documents urgently. I'm not being nasty here but what legal rights do I have now? Can he sell it without my signature? I'm not sure what it all means so any help would be gratefully accepted.
    • stator
    • By stator 19th Mar 17, 5:11 PM
    • 5,548 Posts
    • 3,536 Thanks
    stator
    Sorry to just jump on here, but I'm in desperate need of some advice.
    I have been divorced for the past 4 years nearly 5. My ex kept everything as I just wanted to get out quick. We signed all the documents to remove me from the mortgage and also transfer all property into his name only.
    Ex called me yesterday and told me my name is still on the land registry for the house due to the company hired during the divorce not removing my details. Ex now wants me to sign some legal documents urgently. I'm not being nasty here but what legal rights do I have now? Can he sell it without my signature? I'm not sure what it all means so any help would be gratefully accepted.
    Originally posted by Absjacks
    Go back to your solicitor at the time of separation and ask for an explanation.
    No-one on here can help you with agreements they haven't seen.
    Changing the world, one sarcastic comment at a time.
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