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Should we make an offer??

Hi all


I posted a similar question a few days ago, but I think I got too technical with land law to warrant a response.

We have found the perfect house in a semi-rural location with a large garden. Luckily, before we put in an offer, I decided to carry out some due diligence.....

I paid £4 on the Land Registry to view the Title Plan & Register and it shows the seller only owns half of the plot, the other half of the garden (400 sq feet) is registered to someone else. The seller has used and maintained this “non-owned” land for over 25 years and it is within the property’s physical boundaries (walls and hedges). So if you were to view the house, you would assume the land it part of the property (seller never told us this :eek:).


Our dilemma is whether or not we should peruse making an offer. Sellers have a Legal Easement for right of access over the land. We are worried that the true land owner will want to do something with the land at a future date.

I have expressed this concern to the seller, but they said the area is land-locked so nothing can be done with it. The sellers even have a wall and fence incorporating this land into their property. Can the true owner knock this wall down as it’s their land?

I am surprised they didn’t apply for Adverse Possession.....but I guess why would you as the sellers haven’t had any bother for 25 years, but this isn’t good enough for us

Run a mile?
«1

Comments

  • Have you asked the vendor about it?
  • marcg
    marcg Posts: 177 Forumite
    Architect here - NOT A SOLICITOR!!!

    I have a vague idea that if you have use and occupation of land for over 12 years then you can claim title. If I am right though, it would need to be the current owner that does that, not you (no 12 year history).

    Ask your solicitor - if I'm right, make it a condition of completion that they get the title to the rest of the land.
    I'm an ARB-registered RIBA-chartered architect. However, no advice given over the internet can be truly relied upon since the person giving the advice hasn't actually got enough information to give it with confidence. Go and pay someone!
  • marcg wrote: »
    Architect here - NOT A SOLICITOR!!!

    I have a vague idea that if you have use and occupation of land for over 12 years then you can claim title. If I am right though, it would need to be the current owner that does that, not you (no 12 year history).

    Ask your solicitor - if I'm right, make it a condition of completion that they get the title to the rest of the land.

    Yes, Adverse Possession Law states that can apply for ownership of the land with the Land Registry after 12 years (registered land) if you have used and maintained the land. I think we can apply for this as we would get an affidavit from sellers with proof of 12 year maintain/use of the land.
    However going for Adverse Possession can open a can of worms. A new law in 2002 (don’t quote me) means that if we were to make an adverse possession claim, the land registry then writes to the registered owner who can then reject the claim, and then has 2 years to evict us from the land.
    The registered owner has 60ish working days (don’t know the exact) to respond to LR, if no response is received, ownership is transferred to us.
    Therefore we can’t ask sellers to do this before the sale as it would take too long. Also the registered owner may become annoyed, and refuse us to use land
  • kinglewis wrote: »
    Have you asked the vendor about it?

    Yes, they haven't seen the need to go for Adverse Possession as they have lived and used the additional land for 25 years.

    They don't see the issue from our perceptive and sellers are blas! after the whole issue. I’m so annoyed they don’t mention this when we saw the property, but u have to keep your calm as they have something we want

    Another thing, the estate agents have said the asking price is based on “as the property is seen”. So the valuation is based on including this land that the sellers don’t own. Should I ask agent to realign asking price not to include this? Will it make a big difference?
  • marcg
    marcg Posts: 177 Forumite
    Insurance policy at the vendor's cost?
    I'm an ARB-registered RIBA-chartered architect. However, no advice given over the internet can be truly relied upon since the person giving the advice hasn't actually got enough information to give it with confidence. Go and pay someone!
  • marcg wrote: »
    Insurance policy at the vendor's cost?

    Good point....although not sure if this can be done??
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    The info you paid £4 for should be in the HIP. Insist on the HIP and have a really good look before you make an offer.

    Looking at your earlier post, sellers look to be in some sort of evasive denial about this [which is not uncommon]. As they say they have used it for 25 years without a problem, they should be able to get adverse possession. Make this a condition of your offer. Unless you are content to take the property without the land.

    OK it may take 60 days and you say that is too long. If you don't want it without the land, walk away. But it may take you even longer to get another property lined up.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • marcg
    marcg Posts: 177 Forumite
    Matty0682 wrote: »
    Good point....although not sure if this can be done??

    Solicitor should know. Mine advised me on indemnity policy against contributions towards the local church (£10 a year or something).
    I'm an ARB-registered RIBA-chartered architect. However, no advice given over the internet can be truly relied upon since the person giving the advice hasn't actually got enough information to give it with confidence. Go and pay someone!
  • The info you paid £4 for should be in the HIP. Insist on the HIP and have a really good look before you make an offer.

    Looking at your earlier post, sellers look to be in some sort of evasive denial about this [which is not uncommon]. As they say they have used it for 25 years without a problem, they should be able to get adverse possession. Make this a condition of your offer. Unless you are content to take the property without the land.

    OK it may take 60 days and you say that is too long. If you don't want it without the land, walk away. But it may take you even longer to get another property lined up.

    Thanks, problem is that we don't have another property in mind.

    I am aware the title should be in the HIP, but the agent didn't have an e-copy to send me. I now have it though

    I think they are in denial; this is why they don't think it's an issue. 60 business days is a long time, especially as the agent have other people wanting to buy but are not in ideal situation (house to sell themselves). So in 60 days, this gives all other potential buyers chance.

    I think we will put in an offer based on the land they own. I will also ask solicitor about a insurance policy to cover us if we make the adverse possession claim
  • m_13
    m_13 Posts: 990 Forumite
    We bought a semi-rural property overlooking fields. Before we bought we checked where the village boundary was to ensure we would not lose our view. Just after we put the property on the market and received an offer, we were summoned to a village meeting to decide the placement of a new village hall.

    At the meeting a number of locations were discussed, including the field behind our house. The access was a narrow lane that even the tractors struggled to get through and either side of the lane were houses.

    All agreed that the field was not a suitable location and a vote was taken and another site decided on. Our buyer was at the village meeting and seemed content that no building was going to take place.

    After we moved we were called by an ex-neighbour to ask for help as planning permission had now been put in for affordable housing and a village hall .... you've guessed it! In the field behind the house.

    It would appear that there is such limited land available for affordable housing that the villages where a need for affordable housing has been identified, are being asked to put forward locations and the owner of the field has suggested his field.

    That particular planning application was voided because it was on the wrong form but so far as I know he is still trying to build on the field.

    You may believe that the land is land locked and that it could not be used for any other purpose but unless you have control of it then you cannot guarantee what happens to it (and even then you may not be able to!).
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