Part of garden and a 2nd garage have been lost - vendor will not transfer to me

chaotic_j

Hi,

There is no mortgage it is a cash purchase. I asked about the 2nd garage on the viewing but the person showing us round was unable to answer any questions.

My offer was well in excess of asking price and they decided to go to best and final offers for a month too, whereupon I increased my offer further.

Also I paid the £200 for voluntary first registration..

Thanks.

G_M

If it's a cash purchase, and you are willing to buy land that is occupied, and the seller is willing to sell it on that basis, there is no problem.

But either
* the seller will have to first register the land/garage (as they have for the property) or
* they ill have to prove owership to you/your solicitor via their paper deeds.

In either case, the question of ownership by the occupants is likely to arise and both you and the seller will have tto decide whether to continue, accepting the uncertain title, or resolve the matter first (probably by 1st registration!).

An alternative is to now drop your price on the bass that you are not getting as much land/garage as you thought when you made your final offer.

If you were paying for 1st voluntry registration, I'd have reccommended you request sight of the Plan being registered before you handed over the £200. Too late now!

getmore4less

Seems fairly straight forward.

They have put on the table what they are selling to you.

decide if that is what you want to buy and at what price.

If the lot has been registered as a single entity, then that's what you buy if they don't want to sell it all tell them to split the title properly.

camptownraces

Note that the first line of the first post is
"I've been buying an ex-vicarage off the church, ready to set a date for completion, BUT.. it has never been registered with the land registry before and.."

So HMLR have never seen the old deeds.

Or have they? what documentation has come from the "voluntary first registration"? Is there a site plan, and what does that show?

Land_Registry

OP can clarify but I read the post slightly differently.
"BUT.. it has never been registered with the land registry before and..

They have voluntarily registered the entirety of the house and adjoining garden (I have paid for them to do this), they refuse to transfer all of it to me as they are not in possession of it all."

So they've registered it but only wish to sell the main parts exc the occupied land and garage. Straightforward enough and sensible reasons seem to have been given.

OP seemed to be worried something was awry here and wanted reassurance? Only the seller can really provide that although there is always a bit of seller/buyer doubt I guess.

In one way a seller might think I'll sell the lot and the buyer can sort it out afterwards with whoever is occupying the land or using the garage. They appear to be being upfront about it so it's more a question of have they changed the sale goalposts on you and/or are the land/garage an issue for you?

moneyistooshorttomention

I read it the same way - ie that the Church knows they own it all/has Registered it all and is not including a bit of it because they're too "weak" to fight to get it back and/or have had legal advice they can't get it back.

So - OP is buying most of the property - not all of it - and needs to establish whether only "most" of the property is worth having to them (and the way the neighbour relationship situation will be - knowing that the rest of the property should have come with it).

Presumably if the Church was selling ALL their property - then they'd be able to charge extra for it. They are doing it this way in order not to have the buyer come back and complain "Oy....there is someone using some of my property. Why didnt you tell me there was a squatter on a bit of it?"

davidmcn

chaotic_j wrote: »

I asked about the 2nd garage on the viewing but the person showing us round was unable to answer any questions.

"Asked about" meaning what? Was the property marketed as including the 2nd garage or not?

My offer was well in excess of asking price and they decided to go to best and final offers for a month too, whereupon I increased my offer further.

That doesn't seem relevant.

Also I paid the £200 for voluntary first registration.

Nor does that.

Did you make your offer thinking you were going to get a good title (and/or vacant possession) of these extra bits of land? Or have you only become aware of them now you've seen the titles?

If the current occupiers have a good claim for adverse possession then any title you'd get is possibly worthless anyway.

chaotic_j

Hi,

Just to update as mentioned by G_M in my other thread / only recently been advised - as I am purchasing without a mortgage, the entirety of the title will be transferred to me but without guarantee of vacant possession of the two areas in question.

Thanks,
chaotic_j

moneyistooshorttomention

Now intrigued by what you intend to do about the rest of your property? - as it looks as if the Church is charging you a price for it commensurate with owning the whole of your property (rather than most of it).

chaotic_j

Hi,

Apparently the church have now changed their mind and will not transfer the land that they don't have vacant possession of..

Any ideas why they would agree and then change their mind several days later with no reason given?

Regards,
chaotic_j