House seller ID and some other questions

Galanova

Good day to everyone.
I am in the process of buying a house and not being an experienced buyer I am a bit perplexed about how some things work.
My first concern is about the seller's id. The seller is an elderly lady who said she had moved in with her children, so the house is empty. I read that vacant houses are at bigger risk of fraud. I thought it would give me peace of mind to check whether the lady is actually the owner. I know it's the seller's solicitor task to check their client's ID. However I am not supposed to speak to the seller's solicitors. I asked my solicitor what checks have been done and received quite a perfunctory answer that "she has been satisfied with the confirmation of the seller's solicitors that they have done all necessary checks".
So, I don't even know how exactly the identity of the seller was checked and it looks like I am not supposed to ask and expected to rely on the seller's solicitors answer that they have checked everything, with no details given.
Probably this is a normal procedure but to me it sounds strange. So my question is - do I have the right to insist on seeing the seller's ID? I would like to at least see her photo and date of birth. Is it too much to ask?

Another question is about measurements of the land. My solicitor said there is no document confirming the measurements. Is it normal to buy land without knowing its exact size? Or how does it work?

Also, in regards to disputes about the property. My solicitor told me that there are no searches that can be done in regards to disputes about the property and I have to rely on data in Property Information form. I find it quite surprising. Say if there is a dispute about the boundaries, wouldn't it be recorded somewhere officially? Then definitely there will be some data discoverable by searches.

And Japanese knotweed. Again, I have to rely on what is written in Property info form. How do I check if there was Japanese knotweed before? My solicitor says this info may be with my surveyor but the surveyor knows nothing about it. How do I actually check it?

Apologies for so many questions, which may sound dumb but I as I said I am new to this and maybe a bit paranoid for that reason too

Rambosmum

No, you have no right to see her ID - that's what solicitors are for.

No, land is rarely fully measured - unless actually buying a plot of land, such as a field, then you'll get 6.25 acres approx (so will be about +/- 10%). If it's just the land the house is sat one, you won't get a measurement just a copy of the plan, like an ariel view drawing.

You could check with the police or council for disputes, but as there are so many places one could raise a dispute, or in fact not even log a dispute then you can't really know.

As for knotweed, your survey and your own eyes should show up active growth. You'll have to rely on the property info sheet for the rest.

Galanova

Thanks a lot for your reply Rambosmum.
I appreciate that the solicitors are there for checking the seller's ID but I would also appreciate if they tried to be more transparent with their clients. I guess it is considered normal...
As for the other things, it's good to know that this is how things are done. Thanks again.

AdrianC

Galanova wrote: »

So, I don't even know how exactly the identity of the seller was checked and it looks like I am not supposed to ask and expected to rely on the seller's solicitors answer that they have checked everything, with no details given.

The solicitor has a legal requirement to satisfy themselves as to the vendor's identity and right to sell. This, together with their professional body membership, is perfectly sufficient.

So my question is - do I have the right to insist on seeing the seller's ID? I would like to at least see her photo and date of birth. Is it too much to ask?

Yes, it is too much. You have no right, and it would be a breach of their legal right to privacy.

Another question is about measurements of the land. My solicitor said there is no document confirming the measurements. Is it normal to buy land without knowing its exact size? Or how does it work?

If you want to know the exact size, measure it yourself - or pay a surveyor to do so.

Also, in regards to disputes about the property. My solicitor told me that there are no searches that can be done in regards to disputes about the property and I have to rely on data in Property Information form. I find it quite surprising. Say if there is a dispute about the boundaries, wouldn't it be recorded somewhere officially? Then definitely there will be some data discoverable by searches.

Let's say a dispute has been logged with the police. Why do you think you would have a right to those details?
How about all those disputes that never get escalated anywhere official?

And Japanese knotweed. Again, I have to rely on what is written in Property info form. How do I check if there was Japanese knotweed before? My solicitor says this info may be with my surveyor but the surveyor knows nothing about it. How do I actually check it?

Ask the surveyor to find out. What survey standard did you pay for?

eddddy

Galanova wrote: »

So, I don't even know how exactly the identity of the seller was checked and it looks like I am not supposed to ask and expected to rely on the seller's solicitors answer that they have checked everything, with no details given.

You're going to struggle with the process of buying a house, if you want to double-check and duplicate everything that your solicitor and you seller's solicitor does - just in case they've done it badly.

Galanova wrote: »

...do I have the right to insist on seeing the seller's ID? I would like to at least see her photo and date of birth. Is it too much to ask?

No - you don't have the right to insist on seeing it. But you can ask if you want to. It would be a bit of a strange thing to do.

If you do strange things the seller might get spooked, and decide to sell to somebody else who doesn't do strange things.

Galanova wrote: »

Another question is about measurements of the land. My solicitor said there is no document confirming the measurements. Is it normal to buy land without knowing its exact size? Or how does it work?

You determine the boundaries by looking at the land itself. Usually there are fences or similar on at the boundary. You compare those to the plans in the deeds.

You can measure the area within the boundaries yourself, if you want to know the exact size.

Galanova wrote: »

Also, in regards to disputes about the property. My solicitor told me that there are no searches that can be done in regards to disputes about the property and I have to rely on data in Property Information form. I find it quite surprising. Say if there is a dispute about the boundaries, wouldn't it be recorded somewhere officially? Then definitely there will be some data discoverable by searches.

No. For example, if I have an argument with my neighbour about where he parks his car - he says it's on his land and I say it's on my land - that argument/dispute will not 'magically' get recorded anywhere.

Galanova wrote: »

And Japanese knotweed. Again, I have to rely on what is written in Property info form. How do I check if there was Japanese knotweed before? My solicitor says this info may be with my surveyor but the surveyor knows nothing about it. How do I actually check it?

You can ask a surveyor, or other specialist, to check for Japanese Knotweed before you buy the property.


In general, if the seller puts misleading info in the SPIF, you can claim damages.

For example...

• They say they don't know of any Japanese Knotweed in the SPIF
• So you buy the house, and later find knotweed which costs you £5k to erradicate
• You also find out that the seller knew about it (e.g. a neighbour says the seller discussed it with them.)
• You could make a claim for £5k in damages from the seller

AnotherJoe

eddddy wrote: »

You can ask a surveyor, or other specialist, to check for Japanese Knotweed before you buy the property.

But dont pay for such a survey yet give it a few months.

Galanova

AdrianC wrote: »

Ask the surveyor to find out. What survey standard did you pay for?

It's Building structural survey. It says nothing about the Japanese knotweed though. I guess I need to double check it with them.

Galanova

Thanks everyone for taking time to answer my questions, it makes things clearer.

AdrianC

Galanova wrote: »

It's Building structural survey. It says nothing about the Japanese knotweed though. I guess I need to double check it with them.

A full structural certainly should go around the entire plot and comment on what's there.

When was it carried out? JKW isn't active all year.

Galanova

It was done in January. I spoke to the surveyor and he said if there had been any sign of Japanese knotweed then it would be in the report and as long as it's not there, nothing to worry about.
I read that JKW is dormant in winter but also that it has canes. Surely the surveyor would have spotted them??

p00hsticks

Galanova wrote: »

I read that JKW is dormant in winter but also that it has canes. Surely the surveyor would have spotted them??

I think it dies back completely in winter - you only get new shoots in spring growing to canes in summer. So it's unlikely to be picked up by a survey in January.