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House extension on un-owned land!

Hi

Have had a offer accepted for a house. Done surveys, deeds checked etc
It would seem that about 8 years ago the owner put a large extension on the side of the house. On checking it looks like the extension has gone almost 2m off his owned property. The land that he has gone on to is un-owned land (of which he is 8 years in to the 12 year claim to have it for himself)
I'm after advice on what to do. I'm okay with carrying on the remaining 4 years to claim the land but if the property now crosses in to the un-owned land isn't that really bad/dodgy?

Any advice

Thanks
«13

Comments

  • jbainbridge
    jbainbridge Posts: 2,029 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I'm sure the helpful people here will give advice ... but your solicitor will be the best person to advise you on this!!
  • n33712
    n33712 Posts: 14 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    He is but at the end of the day it will come down to a decision on whether we risk buying the house and claiming the land in 4 years or not!
    The solicitor has checked land registry and they are not aware that anyone owns the land to the side (doesn't mean nobody does of course)
    The plans for the house show that the plot is 10m wide. The house measurements from the estate agents add up to nearly 12m wide (not including the side alley)
  • JQ.
    JQ. Posts: 1,919 Forumite
    I would be adjusting my offer to reflect that the property does not have a conservatory, after all that's what you could end up with.
  • ognum
    ognum Posts: 4,879 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Can you extend the claim by 4 years or does it have to be done by the origional applicant?
  • Tixy
    Tixy Posts: 31,455 Forumite
    Personally I would walk away from the property. Someone who is prepared to do that is not someone I would trust to buy a property from, who knows what else they have or have not done. For it to be 2m its obviously intentional on their part, if it was 6inches I might view it differently.

    Or you could make a new offer that you would consider paying for a house of the original size and deduct from that the cost of demolishing the extension and making good the original house and then ask for an indemnity to be written in to the agreement in case you face legal fees in respect of the extension from the owner of the land.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • n33712
    n33712 Posts: 14 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    ognum wrote: »
    Can you extend the claim by 4 years or does it have to be done by the origional applicant?

    If the owner has proof that they have been using and looking after the land then after 12 years you can put a claim in with the land registry
    At the moment he has been doing this for 8 years and says he has proof (my solicitor would check this) I can then continue for 4 more years and then apply myself!
    You can't hurry it up unfortunately!
  • n33712
    n33712 Posts: 14 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    JQ. wrote: »
    I would be adjusting my offer to reflect that the property does not have a conservatory, after all that's what you could end up with.

    Haha yeah or very large patio!
  • Tixy wrote: »
    Personally I would walk away from the property. Someone who is prepared to do that is not someone I would trust to buy a property from, who knows what else they have or have not done. For it to be 2m its obviously intentional on their part, if it was 6inches I might view it differently.

    Or you could make a new offer that you would consider paying for a house of the original size and deduct from that the cost of demolishing the extension and making good the original house and then ask for an indemnity to be written in to the agreement in case you face legal fees in respect of the extension from the owner of the land.

    Very good point:T If they've stolen land from whoever-actually-owns-it then they are just as likely to try and steal from you. Not a person that could be trusted.

    I would suspect that the "12 years and you can steal land" rule only applies to it being the very same person who tried it on in the first place.
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    As far as i'm aware, even after 12 years, and you claim possessory title, if the rightful owner of the land turns up, they can claim it back anyway. I wouldn't buy the house.
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    As far as i'm aware, even after 12 years, and you claim possessory title, if the rightful owner of the land turns up, they can claim it back anyway.

    No. Adverse possession is a very strong title when finally established.

    The reason for that is that all land was seized unlawfully at some point. If we allowed 'back claims' on land then those of us descended from the saxons could sue the normans for the land they nicked! So in law possessory title is firm to stop all that kind of nonsense.
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