How can someone sell a house when they don't own the land?

Sofismum

We have put in an offer on a house, only to find that part of the garden is licensed to the now deceased. The family of the deceased are trying to sell us it with potential to buy the land off the Council, but won't pay the £750 to get a valuation on the land. And to make matters worse, the family have now increased the price of the house by £10,000. It is in need of total modernisation and if the extra garden, owned by the Council and licensed to the deceased is not part of it, it is a small plot. How can we find out if other houses in the area have bought any extra bits from the Council. I have contacted the Council and they will only talk to the Vendors, who just now don't want to know! The area is approx 18 feet x 70 feet.

moneyistooshorttomention

Have you asked the neighbours how things are for them? - ie whether they are in same position.

eddddy

Sofismum wrote: »

How can someone sell a house when they don't own the land?

As you probably realise, they are selling the house and land, excluding the land owned by the council.

It's quite possible that a group of relatives inherited the house and they are now arguing amongst themselves about how to sell it, how much it's worth, etc

That might be why the price has gone up by £10,000, and perhaps they can't all agree on spending the £750 on a valuation.

It sounds like it might be a 'high stress', 'high risk' purchase. I guess you've got to decide whether you're up for that.

Sofismum

There are four siblings to inherit after expenses. None of them want to pay out the £750 plus V.A.T. to get the price of the extra bit of land. For six weeks they have been expecting to get the quote but when they found out how much the valuation would be changed their minds. They are now asking us to offer on the original plot, very small, without knowing how much we would have to pay for the additional bit. Leaving it to the purchaser to take a chance. And overnight they have suddenly decided to put the price up by £10,000 despite asking for full and final offers two weeks ago. Ours was the offer being put to them. The extra bit is on the side of the semi- and the neighbours haven't had this problem, as they all own the gardens. The neighbours don't think it is worth the original asking price, let alone the increase, and it has now been on the market for over 6 months!
I suspect, as I am not able to talk to the Vendor familiy, that someone has a vested interest in making sure it doesn't sell!!

kingstreet

I thought this was going to be an anti-leasehold thread for a minute.

princeofpounds

You need to find out if they are actually selling the lease or not. Some leases you can sell - most flats are actually sold as long leases rather than being truly owned by the occupant. Some you can't.


Local authorities often end up owning scraps of land that they don't want to maintain. But they often don't like giving them away to adjacent owners, because there can be scope for accusations of not seeking the best value for the taxpayer. So they often lease scraps of land to adjacent properties rather than pay thousands trying to stop them 'stealing' the land.


There can be no guarantee, beyond the contract, how long these leases last. But unless the land becomes useful somehow, it is often indefinite.


I'm not surprised they don't want to have a surveyor value the land; it's probably a notable % of the value of the land itself (and if it's a short lease, it might even be MORE than the value of the land, which would just be the rental payments left before it ends).


I would also add that if you are required to pay ongoing rent for the extra land, then the value of the land for the sale should basically be zero. The sellers presumably have no use for or access to the land if they sell the property, and the unless the council are only taking a token payment, the rent is an indication of what it is all worth.

AnnieO1234

First of all have you appointed a solicitor? Note a solicitor not a conveyancer.

Second, would the land be large enough to put a new property on it?

Third, is the land currently fenced off as part of the garden?

Finally, do you have or your solicitor have a copy of the document pertaining to the land?

Xxx

Land_Registry

Sofismum wrote: »

How can we find out if other houses in the area have bought any extra bits from the Council.

To follow up on your original question then as posted above you could ask the neighbours
But if you think there is/was other land that was once licensed by the council but now owned by the neighbours then you could search online using aerial imagery to see if there are different results for the property and adjoining land for example.

The online service is primarily for postal addresses but you may be able to check/get an idea of adjoining land as well e.g. if they bought from the council at a later date then the land could be registered separately.

Not fullproof and a bit hit and miss as this one may be the only one doing it but an option all the same.

G_M

Be prepared for a drawn-out purchase. Since it seems to be a probate sale, there are all sorts of reasons for problems/delays to arise.