Problems with buyer post-sale

vivera01

I sold a house 6 months ago which belonged to my late father's estate. I own a piece of land adjacent to the property which has separate deeds and was not part of the sale. The then-buyer was given the option to purchase the land but couldn't afford it although numerous discussions took place to find a way for him to purchase the land in instalments. These discussions went nowhere.

Now I have a buyer for the land and the land purchaser and I are jointly in the process of submitting planning permission to erect a house in this in-fill plot. The council are happy that the proposed dwelling is suitable for the site and now it's just a case of red tape to get the permission signed off. We expect that at the end of this week.

Despite many discussions with the buyer of the house regarding this land being a building plot together with information supplied during the selling process (in writing), he has been to the council and asked why someone is requesting planning permission on his land. He is also saying that during the sales process, it was never declared that a potential dwelling would be built on the land.

The council have now put a halt on proceedings and it is left to me to disprove his claims, at a legal cost to myself. This means having my solicitor dig out the file which is now in storage, locating copies of the sales documentation and providing them to the council - assuming that's the end of it.

I want to call him and ask what he's playing at but he's a bit of a nut job so am thinking I should write him a letter telling him to appeal through the normal channels but any costs incurred by me to disprove his lies will be passed onto him. Alternatively, I could contact his solicitor who dealt with the matter and ask her to provide him with new copies of the documentation. Either way, I don't want to be left with legal bills which I then have to try and recoup through the small claims court. He's already threatened me with legal action as I couldn't locate one of the keys for the window locks.

Any advice gratefully received.

ValHaller

Dig out your title deeds for the land in question and show them to the council. This will show that you own the land and it was never sold. That should get things restarted with the council = and show up your buyer to be a liar, which would be no bad thing.

G_M

As above.

Make a copy of the Title document and Title Plan for the land and send to council.

Job done.

Land Reg Map Enquiry £3 here.

BitterAndTwisted

vivera01 wrote: »

The council are happy that the proposed dwelling is suitable for the site and now it's just a case of red tape to get the permission signed off.

He has been to the council and asked why someone is requesting planning permission on his land. He is also saying that during the sales process, it was never declared that a potential dwelling would be built on the land.

As I see it, the only claim you need to disprove it the one where he claims the land is his.

You didn't have to declare at the time of sale that a "potential building would be built on the land" as no permissions had been requested at the time. It's perfectly possible that your only plan for the land at that time was to graze a couple of goats on it.

He's a resentful git because he regrets he wasn't able to afford to buy the land and is being a dog in a manger about it. That won't get him very far if the council are happy about the development.

noh

Anyone can apply for planning permission the ownership of the land is only relevant in that the owner needs to be informed that an application has been made.
http://www.planningportal.gov.uk/planning/applications/howtoapply/whocanapply

Why have the council halted proceedings?

Strapped

^What noh said. Our neighbours put in a planning ap that showed plans to build over their boundary into another neighbour's land. The other neighbour in question objected to the ap and was told that the land ownership was nothing to do with the council or planning.

Tenyearstogo

He can't have it both ways.

Either he thought the land was his or
It was yours with no plans.

It can't be his but you (or another owner) has plans to build on it.

terryw

Just a quick couple of points to endorse those above and to try and help.

1. Your solicitor's file of the purchase is your property. If absolutley necessary obtain it from him.

2, The minor issue of a missing window lock key is so trivial. Get keys cut for him.

bw

vivera01

Oh, he's not a logical person so wouldn't even make the connection between claiming the land was his and me not declaring my intentions. The land hasn't belonged to that property for 15 years but it's annoying when I'm in the right but have to be the one to prove it.

The council have halted proceedings as I may have been in breach of some legality when I sold the house for not declaring there was a potential build. He's probably created such a fuss they want it cleared up first.

Davesnave

vivera01 wrote: »

The council have halted proceedings as I may have been in breach of some legality when I sold the house for not declaring there was a potential build. He's probably created such a fuss they want it cleared up first.

Some councils are very weak.

The same thing happened to a relative of mine, though when the house was sold and split from a neighbouring property, there was no intention to convert and extend the building retained. Therefore there was no discussion.

I'm afraid the nut-job in this case cost my relative a lot of money through a false adverse possession claim and exploitation of a very poor Land Registry plan, which had to be re-drawn, + ranting at the council over every minute detail of the build.

Build still happened though!

My advice is not to be drawn into any personal dealings with this person and certainly not to seek expensive legal advice/assistance if you know your title is secure. Just keep everything on a calm business level with the council, who must follow national guidelines, even if local officers are not helpful.

eddddy

vivera01 wrote: »

The council have halted proceedings as I may have been in breach of some legality when I sold the house for not declaring there was a potential build. He's probably created such a fuss they want it cleared up first.

Hi Vivera

Are you sure that you've correctly understood why the council planning department has stopped the application?

I would say it is almost certainly because of the neighbour has said the land belongs to him. (The council will not be interested in what you said during a sale transaction. So you could be running up legal costs unnecessarily.)

As an example, take a look at this link:

http://www.n-somerset.gov.uk/NR/rdonlyres/166A8FAF-BFF1-428F-83DC-9BF1EEAD7C41/0/advice_20110517_landownership.pdf

You will see that this document says:

It is a legal requirement that owners of land upon which a planning application is being made are notified of that application....


Article 12 of the Town & Country Planning (Development Management) Procedure Order 2010 imposes a requirement that all applications for planning permission must be accompanied by a certificate confirming that either the applicant is the sole owner of the land to which the application relates or that the appropriate notice has been served on any person who is an owner of the land or a tenant....

Accordingly, if a certificate is inaccurate as a matter of fact, we will not deal with the application any further. We will cease work on it and cannot lawfully determine it one way or the other....

I think this is what ha probably happened in your case. So as G_M says, you just need to concentrate on proving to the council that you are the true owner of the land (and not what you said during the sale).