unregistered land?

Richard_Webster

Normally if it wasn't a repo your solicitor would be asking for a statutory declaration from the seller as to his unchallenged etc use of the land. If he d been there using it for 12 years then he could have been asked to get a possessory title first. Mortgage lender won't know anything about this so that's a downside of buying a repo.

If seller got a possessory title then he would transfer both titles to you for the same price. If he hadn't got 12 years in the he would transfer "such right title and interest" as he had and give you a statutory declaration as to his use for however long. When your combined total got to 12 years you would make your own declaration covering your period of use and apply for a possesory title.

Possibly the mortgagee might be persuaded to transfer "such right title and interest..." on the basis that it wouldn't matter to them if there wasn't any such right etc. You prove the right by getting the neighbours to do a stat dec about the previous owner's use of the land. If you can't get a transfer of "such right title and interest" the issue is whether you can use a stat dec made by a neighbour as to the previous owner's use of the land. This has already been suggested and it is certainly worth trying. You would have to ask the Land Registry, and as has been mentioned, they are very helpful.

nixinix

Thank you everyone, it all seems much clearer now. Now if my buyers solicitor would stop going on holiday without telling anyone, and my solicitor actually managed to get our contract to him, we might have a chance of actually buying the repo!! (sorry just found out we'll be lucky to make our deadlines so a tad frustrated - if only we had you as our solicitor Richard!!!)

Thanks again, I'll let you all know how we get on.
Nixi

terryw

nixinix wrote: »

Thank you everyone, it all seems much clearer now. Now if my buyers solicitor would stop going on holiday without telling anyone, and my solicitor actually managed to get our contract to him, we might have a chance of actually buying the repo!! (sorry just found out we'll be lucky to make our deadlines so a tad frustrated - if only we had you as our solicitor Richard!!!)

Thanks again, I'll let you all know how we get on.
Nixi

Mr Webster is one of the nice guys in the MSE forums. He is a national treasure. But you are right about some other solicitors! The excuse of holidays is a favourite of many legal firms. Personally, I like the excuse "He's in court now" particularly at 15.45 on a Friday afternoon! But perhaps this is just me, old cynic that that I am!

However, I think you are a lot further than you were this morning. It looks as though you buy the house as it stands, but probably gain the extra garden. The paperwork for the deeds has gone astray but no-one else is claiming it so far as we know. If you buy the house you probably gain the extra garden unless someone makes a claim in the meantime. This is highly unlikely. But we never know.

If you ask the locals for statutory declarations, you risk claimants coming out of the mist. By waiting until after the requisite number of years you will have less chance of such a claim.

But on the facts that you presented, if it was me, I would have no qualms whatsoever in going ahead. But that is me. Your choice really.

bw anyway

terryw

nixinix

Thanks Terry I think you have hit the nail on the head there.