land dispute solicitors fault?

moneyistooshorttomention

badgeraudio wrote: »

You dont have to remove the soil. Just say your going too!

Then if it goes further and you really want to remove it to prove a point. Put it on free cycle, " free soil, collector to dig it out!"

Actually, it is quite likely there would be a firm that would buy that soil off you (if at a reduced rate). I'd be checking which local firms sell topsoil to people and contacting them to see how much they would pay me for my soil.

EDIT: It looks to me like you have the makings of a potential deal there. That is =

1. you provide matey with proof that a local firm will buy your soil back off you (pref. a couple of firms just in case he's friends with the first one).

2. you tell matey you would prefer not to have the hassle of selling on your soil if possible, but would be willing to strike a deal with him to buy his land off him at a "whilst its still in original ravine state" price.

That should ensure you can buy what sounds like only a tiny bit of land off him for a price you can afford, as he wont be able to use it anyway without your soil on it. If he doesn't agree the deal, then sell the soil on and tell him "Its a civil matter....end of" if he starts telling you you are trespassing. Keep a copy of your receipt for the soil and work putting it there to hand whilst taking your soil back - just in case you have to say "I was just removing my own property/mitigating my losses" to anyone.

minimoto

Gone back to him and said were willing to pay £2000, he dismissed this and said it was £5k or nothing.

So I've said I have contacted the company who did the landscaping and they are willing to reinstate to its original form as its now come to light the land worked upon doesn't belong to us. He said yeah that's fine and hung up.

Since had a text from him saying he's spoken to his legal team and they have suggested we meet in the middle at £2500 plus we pay his fee's. I've said we will sleep on it. Don't really want to pay that but at least its an improvement on the £5k.

Thanks for all your advice guys!

Polmop

I would go down to 1500.00 now, obviously you have him panicking because you are going to put it back to the way it was, so its either accept you offer or its going back to a ravine..

moneyistooshorttomention

minimoto wrote: »

Gone back to him and said were willing to pay £2000, he dismissed this and said it was £5k or nothing.

So I've said I have contacted the company who did the landscaping and they are willing to reinstate to its original form as its now come to light the land worked upon doesn't belong to us. He said yeah that's fine and hung up.

Since had a text from him saying he's spoken to his legal team and they have suggested we meet in the middle at £2500 plus we pay his fee's. I've said we will sleep on it. Don't really want to pay that but at least its an improvement on the £5k.

Thanks for all your advice guys!

It seems to be the norm to pay the sellers fees when buying land from them from what I can see. So, you need to work out what those likely fees are. I'd make finding out the likely level of those fees my first priority right now (I would hazard a guess at a few hundred £s??).

Assuming fees of, say, £500, then I'd go back to him and remind him of the value of the land (as a ravine) and offer him somewhat less than £2,500 and those fees paid and give him a couple of days to think about it.

Who else would be likely to want that land anyway, even if left in current state?

Sounds as if his "legals" believe you (if he doesn't) that you would return the land to its natural state. Just keep making it plain that that is exactly what you would do.

It looks as if he thought you wouldn't be allowed to enter the land to remove your soil originally, but his "legals" have told him that you would indeed be able to do so. Hence his rethink on the price...

minimoto

We we done even know if he has a legal just after a quick buck!

He's come back again saying he needs consent of his mortgage lender, and this incurs additional charges which he wants us to cover. Ive asked him to get his "team" to email me with a breakdown of the potential costs before I consider!

I think your right and he's panicking, thanks again for all your help as it seems we now have the upper hand thanks to advice given.

Ozzuk

"Money" you are offering some odd advice. Nothing I've read here points any fingers at the original vendor, it is the responsibility of the OP to ensure they know what they are buying.

Taking the soil back? I can see that causing huge problems, trespass, criminal damage? Saying I thought it was my land isn't going to swing it.

Also, wind this guy up and you could find a scrap van dumped there just to annoy.

I can't see any recourse against solicitor.

Me, I'd play it cool, make sure you understand the position, review all title plans and be 100% certain what you own and then back off. Let the guy know you'd be interested in buying but its not worth that much to you and if he wants to go ahead and park there he can carry on. If you are lucky, he'll come back with a better offer. Or you bite the bullet and pay up.

It's a good note for people, if I'm even viewing a house I'm very interested in I will get the title plans in advance and walk the boundaries with the vendor. you still need due diligence with the solicitor though.

moneyistooshorttomention

minimoto wrote: »

We we done even know if he has a legal just after a quick buck!

He's come back again saying he needs consent of his mortgage lender, and this incurs additional charges which he wants us to cover. Ive asked him to get his "team" to email me with a breakdown of the potential costs before I consider!

I think your right and he's panicking, thanks again for all your help as it seems we now have the upper hand thanks to advice given.

I've heard of consent from mortgage lender often being needed. That appears to be quite common from what I can see. I've never heard of a mortgage lender charging to give that consent though! I wonder if we have any posters who've sold off a bit of land whilst they still had a mortgage who can tell us if your mortgage-holder would charge for this. If so, I cant imagine it would be much. I'd still be mentally thinking "Max. £500 for costs matey...and that now includes anything your mortgage lender wants for that consent".

moneyistooshorttomention

Ozzuk wrote: »

"Money" you are offering some odd advice. Nothing I've read here points any fingers at the original vendor, it is the responsibility of the OP to ensure they know what they are buying.

Taking the soil back? I can see that causing huge problems, trespass, criminal damage? Saying I thought it was my land isn't going to swing it.

Also, wind this guy up and you could find a scrap van dumped there just to annoy.

I can't see any recourse against solicitor.

Me, I'd play it cool, make sure you understand the position, review all title plans and be 100% certain what you own and then back off. Let the guy know you'd be interested in buying but its not worth that much to you and if he wants to go ahead and park there he can carry on. If you are lucky, he'll come back with a better offer. Or you bite the bullet and pay up.

It's a good note for people, if I'm even viewing a house I'm very interested in I will get the title plans in advance and walk the boundaries with the vendor. you still need due diligence with the solicitor though.

From memory, I don't think the vendor was around to do "walk the boundaries" stuff with, hence the problem arising.

The thought of OP taking his soil back is one that others have echoed and it does seem to have "done the trick" in the event to get this land-owner thinking along lines of having to reduce the price he wants for the land because otherwise he will lose the soil that is making the land usable for him.

I would say it would be very odd to find a charge of criminal damage for retrieving your own property (ie that soil). If the land was left in exactly the same state as it was when OP bought his house then no damage would have been done.

minimoto

Whether right or wrong the advice I was given appears to have had the desired effect.

I never would remove the soil but the threat is enough to get him to reconsider his stance.

As I've explained before I never saw the vendor and was told numerous times by estate agent who showed us round and the solicitor the land was ours, so no vendor present, plus the relation who sold the property was the deceased daughter in law who was an Australian national, so doubt she ever seen the property!