Boundaries and the contents of them.

TBeckett100

I would imagine somewhere along the line a solicitor didn't register it properly as a separate dwelling.

dan91

silvercar wrote: »

I wonder if there is a long lease, whether registered or not, establishing the shop as a leasehold property.

This is what i thought however surely this would show as an attachment on our title register / plan. Neither documents mention anything other than what is encircled in red is known as our address and is a freehold absolute title.

sidefx wrote: »

Have you spoken to the lady at the shop to find out if she leases it and if she pays rent, who to?

She is not a nice lady and we very rarely talk to her. She will not even allow us to go on the roof of the building to fix our gable end. (The shop is a single story). Which is why we went straight to the solicitor to sort it out with her.

When we have talked in the past she mentioned she had bought it for £6000 in the 80's but we do not know who she paid we are asuming the man who had it as a record shop. But who sold it or rented it to him is a mystery.
As before us the couple that lived here did not know it was on their deed either and it was not picked up by the solicitors or the mortgage lenders.

We tried selling the house 10 or so years ago however the buyers mortguage fell through due to something with the shop. However we where never informed what or why. We told him and the estate agents that the shop is nothing to do with us. (as we rightfully believed at the time).

The lady who "owns" it now even offered to buy some of our yard 20 years ago to extend the shop.

TBeckett100 wrote: »

I would imagine somewhere along the line a solicitor didn't register it properly as a separate dwelling.

If this is the case what would it mean for us?

silvercar

The shop "owner" would need to arrange for correct registration. Possessory title would be based on what allegedly was bought in the past and the fact that the shop has carried on as if it was a separate property for a long time with no attempt by anyone else to claim they own it.

When we have talked in the past she mentioned she had bought it for £6000 in the 80's but we do not know who she paid we are asuming the man who had it as a record shop. But who sold it or rented it to him is a mystery.

Whoever acted for her in the purchase could be shown to be negligent.

dan91

silvercar wrote: »

The shop "owner" would need to arrange for correct registration. Possessory title would be based on what allegedly was bought in the past and the fact that the shop has carried on as if it was a separate property for a long time with no attempt by anyone else to claim they own it.



Whoever acted for her in the purchase could be shown to be negligent.

Hi thanks for your reply. Ive been reading about possessive titles and stuff like that. However it seems to say that if the land is registered already that they will be informed that you are trying to register the land again as a possessive person. However in the 26+ years we have lived here we have never heard anything from the land registry.

The shop is not open any more she stopped opening it regularly 8 or so years ago and now just goes in and checks on it once or twice a month at most.

From your wording about the seller about negligence do you mean the building is ours and she would have to claim off who ever sold it her or the solicitor who acted on her behalf?

Sounds like this is going to be more confusing than a straight case of where the red line is which is what our solicitor said.


Also to add we have approached her in the past about buying it. The last time she said she would want £50,000 for it but "she isnt sure what they are going to with it yet" but surly after 8 years of not using it they would want to do SOMETHING with it. If that is rent it or sell it. Unless they went to sell / rent it and found out they do not really own it? It seems fishy that after not using it for so long they have done nothing with it unless the solicitor has told them they can't do anything with it because of this problem?

sidefx

dan91 wrote: »

Also to add we have approached her in the past about buying it. The last time she said she would want £50,000 for it but "she isnt sure what they are going to with it yet" but surly after 8 years of not using it they would want to do SOMETHING with it. If that is rent it or sell it. Unless they went to sell / rent it and found out they do not really own it? It seems fishy that after not using it for so long they have done nothing with it unless the solicitor has told them they can't do anything with it because of this problem?

Lucky for you you didn't.

I suspect they do know that they don't actually own it and therefore can not sell it. Otherwise, as you say, why keep it, unused, for all those years!

moneyistooshorttomention

Well - that red line around indicates its definitely yours.

Personally, I'd be inclined to go for unbricking the doorway entry into my shop and changing the locks on the door of my shop and clearing her property out.

Now - is there anyone going to tell me that's a bad idea and OP could get into legal trouble for taking back her own property?

DTDfanBoy

moneyistooshorttomention wrote: »

Well - that red line around indicates its definitely yours.

Personally, I'd be inclined to go for unbricking the doorway entry into my shop and changing the locks on the door of my shop and clearing her property out.

Now - is there anyone going to tell me that's a bad idea and OP could get into legal trouble for taking back her own property?

It's little wonder "nightmare neighbours" seem to follow you around isn't it

Mallotum_X

moneyistooshorttomention wrote: »

Well - that red line around indicates its definitely yours.

Personally, I'd be inclined to go for unbricking the doorway entry into my shop and changing the locks on the door of my shop and clearing her property out.

Now - is there anyone going to tell me that's a bad idea and OP could get into legal trouble for taking back her own property?

This is a joke right?

silvercar

dan91 wrote: »

From your wording about the seller about negligence do you mean the building is ours and she would have to claim off who ever sold it her or the solicitor who acted on her behalf?

No. I mean (if you and she both believe the shop to be hers) the building is hers, her solicitor may have been negligent in not completing the legal work to register the shop as belonging to her. Her solicitor can now correct it by claiming possessory title to the property. Land Registry would write to you as part of the process. If you dispute it, there could be a legal battle. If you agree then the title is registered.

moneyistooshorttomention

But if the shop really was hers - then surely somewhere would be evidence she had bought it?

If she cant produce evidence of having bought it and being genuine owner of it then there is only one other possibility on the table (ie she's trying to steal it by adverse possession and the question is as to whether she has succeeded in doing so or no).