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Property boundary issue.. Urgent

cyrustom
Posts: 8 Forumite
Currently in a chain with myself at the top. Pressure has come from bottom of chain to complete on 25th November. An issue has come into play in the last week..the property I'm purchasing has a section of land on the front that previous owner has gravelled and planted plants and has been effectively using it for 40yrs. The land registry shows the land is owned by a limited company. We don't have time fo existing owner to apply for possesory title as must complete in a week. Indemnity insurance is not an option according to conveyancer as land is owned by a someone. The land is not substantial, what options do I have as far as protecting myself apart from waiting for possesory title. Thank you
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Comments
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None, you cannot claim adverse possession, but the vendor would quite easily I suspect (unless he's paying a small rent - perhaps in the form of ground rent to a developer?)0
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..... Pressure has come from bottom of chain to complete on 25th November......
Exchange whan you are ready and not before.
What is your conveyancer advising you to do?
What options has he given you?
Are you getting a mortgage? If so, is the lender happy to lend on the property with this uncertainty on the Title?0 -
Presumably you haven't exchanged yet therefore you do not have to complete in a week's time.
If it were me, I'd be wanting the current owner to sort it out before I would exchange.0 -
An issue has come into play in the last week..the property I'm purchasing has a section of land on the front that previous owner has gravelled and planted plants and has been effectively using it for 40yrs.
Is this land of any significant value? (e.g. is it necessary for access?) Would anyone else want to use it?
If the worst that can happen is that you lose a bit of "your" garden, how much would that matter to you?0 -
How long would it take for possesory title to go through? the land is not substantial prob 10ft by 6ft in a triangular shape0
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Is this land of any significant value? (e.g. is it necessary for access?) Would anyone else want to use it?
If the worst that can happen is that you lose a bit of "your" garden, how much would that matter to you?
There was a similar on "homes under the hammer" a while back where they gravelled it and just used it as part of the garden. The actual owners could not do anything useful with that land and the cost of obtaining it was not worth it.0 -
Assuming that it is not vital for access then I would go ahead and risk possibly losing the land.RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
Probably irrelevant now as sale may fall through due to buyer at bottom of chain advising everyone she wants to complete next Friday. My conveyancer has dragged his heels with contacting natwest regarding this land, I've phoned them myself and they said it wouldn't be an issue. Spoke to solicitor who said he needs them to reply to his letter? Has he not heard of phone, email or fax? Cheers anyway0
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