Property Title Sheets and Deeds, changes to

greddie88

Hi guys,

Have always found the help here fantastic so I'm hoping someone can help.

If you sell a part of your property (2 stone outhouses in this case), should it state on the title sheets/deeds that this has happened?

We have 2 stone outhouses named and described in our title sheet/deeds, however before we purchased the property the previous owner had sold them to the owner of the workshop next door (we only found this out a few weeks after moving in). However these two stores are still mentioned as part of our property in the burdens.

Should these changes have been noted on the title sheets/deeds?

May I also add that the two stores were converted into one room (as a gym) with the removal of the doors in a conservation area with article 4 directions (Scotland) without planning permission.

Any help would be fantastic!
Thanks.

TheCyclingProgrammer

I'm not familiar with the Scottish system but how comes this didn't come up within the conveyancing process?

What evidence is there that the outhouses were sold? If there isn't any and the outhouses are on your land and shown in your title then I would have thought they still belong to you.

greddie88

It's a sticky one, as our title sheet with a map of the property shows these 2 'outhouses' as a completely different building to what the burdens describe (which has now ignited an argument with our neighbours as this is apparently the shared wash house). Got our solicitor to check twice, however after doing some research for the past couple of months I'm gradually beginning to feel he's got it wrong (and the workshop owner and the previous owner of our house have pulled a fast one).

TheCyclingProgrammer

What do you want the outcome to be? If you can confirm the outhouses legally belong to you then I would imagine you'd need to begin legal proceedings to evict your neighbour from them. This will obviously result in a lot of bad blood (although the neighbour should really be angry at the previous owner who "sold" the buildings to him, not you).

If you are happy for them to be kept by the neighbour then you obviously need to make sure this is all done correctly and legally but this could have other repercussions - were they accounted for when valuing the property for instance? Do you have a mortgage?

I'm not an expert in this area so I'm mainly just thinking out loud but it sounds like there could be issues whatever the legal ownership is and whatever course of action you take.