[Urgent] Half of my garden belongs to council??

newdell

Hi,
I am in the process of buying a house. My offer is accepted, I got my mortgage etc. etc.
Now, half an hour ago, EA called and said, the vendor just found out the 30ft of 70ft garden belongs to Epping Forest Council???

Could someone give me an advice?Should I pull off everything, ask for reduction on the price or what?

Thanks in advance...
Bill

lynzpower

I dont know how the vendor can have "only just found out" as im fairly certain it should show on the deeds.

silvercar

i think, but I'm not 100% sure, that you can take out some kind of insurance against the council demanding it back. After so many years (4,6 12?) you may be able to cliam it as your own - at least to the point where no-one can reclaim it. This may be squatters rights but may not.

Sorry to be vague. I do know of someone who found that a house building firm owned their driveway. Their solicitor advised them to pull out but they still bought!

You need to find out from your solicitor what the insurance options are before contactng the council, as tipping off the council would void any insurance.

As far as price goes, I would seek a reduction based on what it would cost to purchase that land (if that was possible).

DrFluffy

Is the land under covenent?

newdell

Tomorrow I will both talk to my Solicitor and the council. I don't understand how come my solicitor didn't say anything after all these searches. And yes, vendors finding it out now is quite weird. But, she was such a nice lady...
DrFluffy,
Soory but couldnt understand what you meant

DrFluffy

Sorry - this gives more succint detail than I ever could!

http://www.barsby.com/restrictivecovsi2.html

roswell

Assuming that the land has been fenced off for 12 years and has been maintained the owner can claim it i believe.