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Neighbour constantly trespassing in yard, claims right of way.

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  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Name Dropper First Anniversary Photogenic First Post
    edited 6 October 2017 at 8:06PM
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    chappers wrote: »
    This is where decent solicitors earn their money, making sure transfers truly reflect what is actually being transferred, so problems don't rear their heads down the line.
    Lazy conveyancing causes these sorts of problems.

    The solicitor can usually only do this with the purchaser's help, though. At some stage the question has to be asked, "Does the title plan and documentation reflect the real situation on the ground?' 'Are the conditions, rights, responsibilities, covenants etc reasonable and as outlined by the vendor?'

    In the case of our house, the answer was 'No,' four times over, one of which was a logical inconsistency, which ought to have been picked-up several transfers before. That was the only one which could be found without a site visit.

    I do wonder what % of people who've taken the budget route through an on-line conveyancing factory will later regret it.
  • ChasingtheWelshdream
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    Davesnave wrote: »
    The solicitor can usually only do this with the purchaser's help, though. At some stage the question has to be asked, "Does the title plan and documentation reflect the real situation on the ground?' 'Are the conditions, rights, responsibilities, covenants etc reasonable and as outlined by the vendor?'

    I do wonder what % of people who've taken the budget route through an on-line conveyancing factory will later regret it.

    I have a relative with this situation. We've discovered she has no legal access to her property, via the access she was told. This is so obvious when seeing the property in the flesh.

    However she forgot to mention where the front door is to the solicitor, so it was never picked up. She argued the conveyancer should have told her, but as the title plans look like a regular property, there was no way the solicitor could have known unless expressly told. And the firm was 200 miles away.

    It's a bit of a mess...
  • chappers
    chappers Posts: 2,988 Forumite
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    Davesnave wrote: »
    The solicitor can usually only do this with the purchaser's help, though. At some stage the question has to be asked, "Does the title plan and documentation reflect the real situation on the ground?' 'Are the conditions, rights, responsibilities, covenants etc reasonable and as outlined by the vendor?'

    In the case of our house, the answer was 'No,' four times over, one of which was a logical inconsistency, which ought to have been picked-up several transfers before. That as the only one which could be found without a site visit.

    I do wonder what % of people who've taken the budget route through an on-line conveyancing factory will later regret it.

    yep absolutely, I know someone who bought a house with a separate parcel of land across the road. I have no idea how it happened but several transfers previously this piece of land got registered incorrectly with the title to the house. Several people bought the house thinking they owned the land and then sold it on again in good faith. It wasn't until the rightful owner put in a planning application to develop the land that it all flagged up.
    It caused a right palaver it took several years to resolve. I don't know the full ins and outs but it involved tracking down people from previous transactions and money changed hands through the previous transactions.
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