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Buying a house - Garden not on our deeds but someone elses!!

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Comments

  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    G_M wrote: »
    Then the owner of the house cannot sell it. Only ******* can sell it.

    The owner needs tosort this out beofre you go any further, and I suspect it will take (many) months.
    G_M, please take out the developers name in this post and in the quote in your other post - for when OP wakes up to it himself.

    The developer is only able to sell it against what looks like a very good claim for adverse possession.
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • As I understand it, registration of title gives the owner a state-backed guarantee. No details have been given about developer G Homes title but, if it is absolute, then that is final. They own it. The state will guarantee it.

    Land registration (with a state-backed guarantee of title) is totally contrary to the common law of adverse possession. If you "squat" on registered land you are never seriously likely to gain title (there is an HMLR practice note that sets outs all the hurdles).

    OP mentions neighbouring properties having registered their little land-grab 20 years ago. Sadly OP's sellers did not bother to do so, whether or not they could provide satisfactory evidence.

    I am guessing that G Homes bought the paper title in 2011 so (I think) time for adverse possession is re-set to that as a start date.

    If OP wants a garage and garden, forget this one.
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