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

LandyAndy

chaotic_j wrote: »

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

God moves in mysterious ways

lincroft1710

As they don't have VP, they may believe they do not have good title to the land. Or they have found out they no longer have title, or 3rdly, they wish to retain the land.

moneyistooshorttomention

Have you got it in writing from the Church that the rest of your land-to-be is yours and will be transferred to you?

If they told you in writing that the fact you don't need a mortgage (ie won't have a lender having any input into this) means you get transferred ALL your land = I don't really see how they can back out of this. Best to ask your solicitor and see what they say about that point.

I'd hazard a guess that they are trying to change their mind on transferring the squatted-on bit of their land to you because someone who "thinks they are Somebody in the local community" is friends with the squatters and thinks one way to protect their friend the Squatter from being in a "having a neighbourhood dispute" position is to put pressure on the Church not to transfer that bit of your land to you. If it wasnt in your "title" then how could you do a "neighbourhood dispute" with their friend the squatter?

That's my guess at one possible reason why the church is trying to change their mind on that point. There may be a variety of other possible reasons.

So I'd say = make the Church stick to their promise they made to you to do that (if it's in writing safely).

...and I would certainly be asking the Church to spell out to me their exact reason why they proposed to do such an un-christian thing as try to welsh on an agreement in the first place:cool:. They would be told "You can't just tell me I can't have title to that bit of my land - without telling me the reason for changing your mind" (phrased in suitable solicitor language).

edit; Just had one v. quick peer to see if this place is in a "small town" or village - where things do sometimes go rather illogically/according to the "Not what you know but who you know" idea....

ScorpiondeRooftrouser

chaotic_j wrote: »

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

Because these things happen.

You are making the mistake, common apparently to some others on this forum, of thinking that property is somehow indivisible and eternal.

Someone can choose to sell you as much or as little land as they choose to. They have been straight with you as to what is for sale. If you don't want to buy that, don't. If you do, do. There's no right or wrong, and no legal issue.

chaotic_j

Hi moneyistooshorttomention,

Yes, I have it in writing from their solicitor that the vendor agreed to transfer all of the land to me.

The property is in a large town. I did wonder if they think I may cause some neigbourhood dispute but as they would have transferred the land to me, it wouldn't really be linked to them/their concern any more would it?

I have stated one of my reasons for wanting the whole area is that if I transfer the part that someone else is using as extra garden - a stipulation would be that the adjoining fence which the property I'm buying currently owns, is made a 'party wall fence' with 50/50 shared maintenance costs.

I asked the reason the vendor was reneging two weeks later, re stated previous points and extra points but still no answer.

My solicitor since sent me a site plan he says that he has had from the 'outset of the transaction' which does not show the land I want transferred included. He says this appears the additional land was not meant to be included. My response is - I've never seen this until you sent it me just now.

He says it is true the vendors agreed to transfer the additional land but contracts haven't been exchanged and 'it seems they do not now wish to transfer it' (helpful or what!).

Regards,
chaotic_j

camptownraces

If you haven't yet exchanged contracts, you are not in a strong position.

But you say "if I transfer the part that someone else is using as extra garden..." How can you transfer someone else's garden - sounds like there could be some adverse possession going on here, and it's never going to be possible to transfer that bit of land to you so that you can subsequently transfer it to somebody else.

It's likely that vendors now realise that they can't transfer that bit of land to you. You are wasting time and money on a losing battle.

chaotic_j

Hi,

Just to update again - I've accepted not getting the entirety of the land but just prior to exchange of contracts and completion it says on the contract and land transfer form it's 'limited title guarantee' and not 'full title guarantee' is this normal?

Surely they can guarantee full title of what is being transferred as this is why they said they couldn't transfer the entirety of the land i.e. some of it they didn't have vacant possession of..

Regards
chaotic_j

davidmcn

chaotic_j wrote: »

Hi,

Just to update again - I've accepted not getting the entirety of the land but just prior to exchange of contracts and completion it says on the contract and land transfer form it's 'limited title guarantee' and not 'full title guarantee' is this normal?

Yes, if you're buying from anyone who isn't a "normal" owner-occupier.