Adverse land ?

Torfoxwell

We are buying a house had the land registry come back and the drive isnt on there , so the sellera solicitors haave come back and said its been used like that dince their mum had it for 60 years and that we have the information to claim it after completion , our solicitoes have gone back saying its been noted but we require the sellers to apply for it ,

Wondering if anyone has any experience of this kind of thing ? We have our valuation on monday as eell and am wondering if this will affect it ?

Any input is greatly appreciated

Grenage

If the drive was not included, would you be happy buying the house for the same price? If the answer is no, get the sellers to apply.

This will obviously delay the process.

Torfoxwell

I dont think the house would be worth as much without a drive and it was a big selling point for us - we dont mind waiting because we love the house but a rough timescale would be needed...

Cakeguts

How long have the seller lived there for? I don't think you can claim it because the person doing the claiming has to have used it as if it was theirs for a certain number of years and you won't have done that. Who owns the land now?

The only people who can sort this out are the people who live there now.

G_M

Cakeguts wrote: »

How long have the seller lived there for? I don't think you can claim it because the person doing the claiming has to have used it as if it was theirs for a certain number of years and you won't have done that. Who owns the land now?

The only people who can sort this out are the people who live there now.

Not so.

Adverse possession: the essentials

You must show that:

• the squatter has factual possession of the land
• the squatter has the necessary intention to possess the land
• the squatter’s possession is without the owner’s consent
• all of the above have been true of the squatter and any predecessors through whom the squatter claims for at least 12 years prior to the date of the application (see The limitation period)

my bold


and

Successive squatters
The squatter can pass on their interest in the land, for example to a purchaser or under a will or intestacy. The purchaser etc needs immediately to follow the original squatter into possession and hold for the remainder of the 12 years (Schedule 1, paragraph 8(2) of the Limitation Act 1980).

https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land/practice-guide-5-adverse-possession-of-1-unregistered-and-2-registered-land-where-a-right-to-be-registered-was-acquired-before-13-october-2003

Cakeguts

G_M wrote: »

Not so.

my bold
[/LIST]

and
https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land/practice-guide-5-adverse-possession-of-1-unregistered-and-2-registered-land-where-a-right-to-be-registered-was-acquired-before-13-october-2003

Thank you for clearing that up for me and the OP.

How do they prove it was without the owner's consent?

glasgowdan

I wouldn't touch this until the seller's can show you paperwork to prove they ownit. Either that or reduce the offer significantly

Davesnave

If the drive is the only parking for the property and it's not on the title plan, there will be a significant effect on the valuation, so your lender may not be willing to proceed until the vendors have established title to it, which could well take months.

On the positive side, the house is unlikely to be sold whilst the status of this land is in question, as every potential buyer will come up against the same problem. Even those with cash would think twice without some very firm evidence in place to convince their solicitor.

PasturesNew

The sellers want to sell - and they have the motivation and all the evidence/information anecdotal and written to prove that they can use the drive. They are the people in the world MOST and ONLY really motivated to push this through as a priority.

Taking their word for it could lead you into trouble as "old mum hid all the letters from us and ignored them...." it's possible they believe there's been no contest, so let them prove it. "Old mums" do like to sometimes hide letters behind cushions.

Even if it ends up OK in the end, for you to try to get this sorted after you've bought it - with nobody MOTIVATED to giving you the answers that might crop up to questions asked .... could just be a 5 year headache or more.

Torfoxwell

Thank you every one for your replies ! , will see what the sellers come back with - we wont be doing it as moving house is stressful enough let alone opening that can of worms , will let everyone know how the valuation and any updates