Bought a new build but builder didn't own all of the land....

youknowwho

Hi all,

I'm looking for some advice; I purchased a new build house in 2014 after trying to sell this year it cane to light that the house has been built on land that the builder didn't own in full. The majority of the plot has been registered in my name with the land registry, however there are 2 small pieces of land that fall within our fence line that we do not own. One piece is owned by another company (under a leasehold) and the other part is not registered to anyone so the LR have only given us Good Leasehold for it. Was the solicitor that I used not supposed to have filled in a TP1 (transfer of part title) before we completed to make sure that plot we were buying was in fact owned by the builder? Have the solicitors been negligent and what rights do I have? The solicitors knew about this post completion as they then tried to register us with the plot and it was THEN they LR advised of the issues. The solicitors just swept it under the carpet and never told me. Really would appreciate some professional advice, thank you.

bertiewhite

youknowwho wrote: »

Hi all,

I'm looking for some advice; I purchased a new build house in 2024,

You've invented a time machine as well?

youknowwho

bertiewhite wrote: »

You've invented a time machine as well?

I wish...I'd go back in time and in do all this mess!!!

davidmcn

What size(s) of areas are we talking about?

moneyistooshorttomention

This would be one of the (very few) cases where I would think "adverse possession" is a possibility - as it's the builders fault (so on their head be it if an owner comes out of the woodwork). He should have made sure he owned all the land before building on it/enclosing it.

This might be one of those cases where you'd have to have an official letter by yourselves "on the table" for the next owner saying how long you've been using these bits of land for (to go towards time for getting possessory title from the Land Registry) and take out an indemnity policy in case the owner finds out???

youknowwho

davidmcn wrote: »

What size(s) of areas are we talking about?

In total about the size of 3 cars.

youknowwho

moneyistooshorttomention wrote: »

This would be one of the (very few) cases where I would think "adverse possession" is a possibility - as it's the builders fault (so on their head be it if an owner comes out of the woodwork). He should have made sure he owned all the land before building on it/enclosing it.

This might be one of those cases where you'd have to have an official letter by yourselves "on the table" for the next owner saying how long you've been using these bits of land for (to go towards time for getting possessory title from the Land Registry) and take out an indemnity policy in case the owner finds out???

Yeah, we have asked our solicitor to provide this indemnity insurance and they have, but the point is, surely this should have been picked up. Also the other piece of land IS owned by someone else. Now if that owner refuses to sell, then we will prob have to move our boundary fence. But I feel again that this should have been picked up prior. If I knew about these issues, then I would have not proceeded. I also would not have bought the house at all as the garden would then have benn too small. Does anyone think I can file a negligence claim against the solicitors for allowing this purchase to complete when it was different to how we thought it was. To make it clear, I don't want to live her anymore as I have moved job and need to sell it (but can't because of these issues)

aneary

youknowwho wrote: »

In total about the size of 3 cars.

Minis or range rovers?

youknowwho

Have the solicitors broken the SRA's rules by allowing us to purchase this house when it is in fact very different to how it was presented to us? Should they LEGALLY have checked the. Holder owned it. Wrote I completed.

Grenage

moneyistooshorttomention wrote: »

This would be one of the (very few) cases where I would think "adverse possession" is a possibility - as it's the builders fault (so on their head be it if an owner comes out of the woodwork). He should have made sure he owned all the land before building on it/enclosing it.

This might be one of those cases where you'd have to have an official letter by yourselves "on the table" for the next owner saying how long you've been using these bits of land for (to go towards time for getting possessory title from the Land Registry) and take out an indemnity policy in case the owner finds out???

Three years seems rather on the short side for adverse possession.

Land_Registry

youknowwho wrote: »

Was the solicitor that I used not supposed to have filled in a TP1 (transfer of part title) before we completed to make sure that plot we were buying was in fact owned by the builder?

The TP1 is the the transfer deed so when that was submitted that's when the issues re 'unowned land' not being registered to you will have been raised by us.

Your solicitor should have known much sooner though as a search of the index map (if done) would have revealed the other Leasehold title and the unregistered aspect

I would recommend raising it with the solicitor using their complaints process for example. If you have any doubts then speak to another solicitor first but each firm should have a process for dealing with such 'after the event' issues, especially if negligence may be involved.

Solving it now may involve looking at an Adv P claim but you have a Leasehold interest involved as well so it's unlikely to be as per moneyistoshort mentions I suspect. But a solicitor can also unravel that kind for you