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Affidavit and Insurance Policy?
SimonR34
Posts: 3 Newbie
Sorry if this is the wrong area to post this query.
My parents passed away and we are selling their house, which is in Scotland. They lived there for 28 years. When they bought the end terrace house there was a lawn on the right hand side of the property. This has never changed except for flowers etc being planted.
While selling the house PurpleBricks lawyer/conveyancer (yourconveyancer) brought up the fact that a strip of this lawn was not part of the property (it isn't separate from the lawn and has always been part of the lawn). There was never a fence or anything to separate this part.
They have now told us we need to get an Affidavit signed and an insurance policy paid for, before we can finalise the sale of the house (which is more money spent!).
Firstly, I am confused as to why Wimpey would attach a lawn to an end terrace house, but not include a third of that lawn with the property!!? even if that is the case (which the lawyer has told us it is correct), then surely after 28 years of maintaining the full lawn, it would give them the right to that section owned by Wimpey!?
There is also the fact that, there was no issue when they initially bought the house and there has never once been any dispute over the fact, my parents planted on this strip of grass, or maintained it.
I would like to know if the Affidavit and insurance policy are necessary? It just seems all a bit crazy! if we need to get it done, then fine, I am just a bit put off by how purplebricks & yourconveyancer have handled things. Why did Wimpey not put up a small row of bushes or a fence instead of giving all that grass, just for any owner not to own it all!?
This is the first house I have had to sell, and is making me even more ill than I am! some advice would be good, thanks.
My parents passed away and we are selling their house, which is in Scotland. They lived there for 28 years. When they bought the end terrace house there was a lawn on the right hand side of the property. This has never changed except for flowers etc being planted.
While selling the house PurpleBricks lawyer/conveyancer (yourconveyancer) brought up the fact that a strip of this lawn was not part of the property (it isn't separate from the lawn and has always been part of the lawn). There was never a fence or anything to separate this part.
They have now told us we need to get an Affidavit signed and an insurance policy paid for, before we can finalise the sale of the house (which is more money spent!).
Firstly, I am confused as to why Wimpey would attach a lawn to an end terrace house, but not include a third of that lawn with the property!!? even if that is the case (which the lawyer has told us it is correct), then surely after 28 years of maintaining the full lawn, it would give them the right to that section owned by Wimpey!?
There is also the fact that, there was no issue when they initially bought the house and there has never once been any dispute over the fact, my parents planted on this strip of grass, or maintained it.
I would like to know if the Affidavit and insurance policy are necessary? It just seems all a bit crazy! if we need to get it done, then fine, I am just a bit put off by how purplebricks & yourconveyancer have handled things. Why did Wimpey not put up a small row of bushes or a fence instead of giving all that grass, just for any owner not to own it all!?
This is the first house I have had to sell, and is making me even more ill than I am! some advice would be good, thanks.
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Comments
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Why are you using PP lawyer? Get one of of your own choosing!
That aside, if the Deeds of the property do not include this strip of land, then
* at best legal ownership is in doubt and
* at worst you do not own it and therefore cannot sell it.
Have you looked at the deeds yourself? And the associated Plan? What do they show?
There are many reasons why Wimpey may have retained this land, perhaps for example intending it to be communal space which was never implemented. It's not that unusual.
I'm not familiar with Scottish land law. However, In England there is a concept called 'adverse possession' whereby if you have used a piece of land as if it were your own, for 12+ years, you can make a claim (it's not guaranteed but you get the idea).
If selling, your buyer might want to make such a claim, and would need an affidavit from you to support his claim (proving that he and the previous owner (you) had together used the land for 12+ years.
The insurance policy would cover him for any financial loss if that claim failed and/or the real owner turned up and took possesion.
But as I say, Scotland...............??0 -
Unfortunately, one person who might have helped you most with Scottish law has had a run-in with forum moderators and isn't currently posting. Hopefully, another will be along soon, but specialists like her are getting thin on the ground.
I'm not familiar with Scottish land law......
But as I say, Scotland...............??
Sorry about that!
0 -
Not much point us all speculating how it happened, these things do sometimes.
In short, yes the affidavit and insurance are necessary. Your parents don't get any title merely by occupying the land.0 -
it was part of the package that we use their lawyer/conveyancer so we can pay the fees after the sale. otherwise purple bricks would want the payment up front.
After 'yourconveyancer' said we need the affidavit and policy, they are telling us we need to wait to see if the buyers lawyer accepts the affidavits!! If the buyers lawyer had an issue with the land, surely this would have been discussed and accepted?
all smells fishy to me!0 -
it was part of the package that we use their lawyer/conveyancer so we can pay the fees after the sale. otherwise purple bricks would want the payment up front.
After 'yourconveyancer' said we need the affidavit and policy, they are telling us we need to wait to see if the buyers lawyer accepts the affidavits!! If the buyers lawyer had an issue with the land, surely this would have been discussed and accepted?
all smells fishy to me!
You realise that the vast majority of agents don't take upfront payment; and you get the choice of legal advice, rather than the shower of sh*** that makes up the PB conveyancing team0 -
It smells perfectly normal to me.After 'yourconveyancer' said we need the affidavit and policy, they are telling us we need to wait to see if the buyers lawyer accepts the affidavits!! If the buyers lawyer had an issue with the land, surely this would have been discussed and accepted?
all smells fishy to me!
If you're trying to sell land which you don't own, obviously any buyer is going to have an issue with it. What your solicitors have suggested is the usual solution, but you can't make the buyers agree to it - they'll need to take advice, and if they have a mortgage check with their lender too.0 -
We are selling the property and the land as is in the deeds, however a small part of the garden at the side is apparently not owned by the property owner. A bit sh*tty giving a house a garden and then saying you don't own it all, but hey, cut the grass, plant the flowers, we don't care.
now if there was a small fence and then grass then path, I could understand it. I have found out though that it no longer belongs to Wimpey, it is the council.
Just never heard of it before. property has garden, the owners cut the grass of their garden, plant flowers etc, yet there is a small percentage of their overall garden that belongs to the council. As mentioned, if there was something separating this patch of land from the rest then fine, but there isn't, it is all part of the garden!
is there any reason for this!?
ps, the deeds show what is being sold, we are not including anything extra, it is just that there is extra attached to the plan. We are not trying to sell any extra land!0 -
now if there was a small fence and then grass then path, I could understand it. ... we are not including anything extra, it is just that there is extra attached to the plan. We are not trying to sell any extra land!
Just put up your own small fence to create a definite border for the land that your parents did own and the problem goes away. (Unless your buyers were led to believe that you were selling the extra land?)Every generation blames the one before...
Mike + The Mechanics - The Living Years0 -
but I imagine when the buyers viewed the property they saw this extra bit of land and assumed it was part of what they would be buying.
ps, the deeds show what is being sold, we are not including anything extra, it is just that there is extra attached to the plan. We are not trying to sell any extra land!
They then find out it is owned by the council (albeit has been maintained/used by the property owner for years without issue).
They will/may be concerned:
* that they will in future lose access to this bit of land that they wanted and had assumed they wouldown
* that they might have issues selling in future
* that a protracted legal battle with the concil might arise
etc etc0 -
We had similar when buying a house a while ago. In our case it was a piece of pavement next to the house containing a drain from the property, so owned by the council. The previous owners had complained to the council about lack of maintenance to the drain, to be told it wasn't their responsibility. So they put up a low wall to make a small yard and had been maintaining it for a number of years.
Our lawyer successfully applied to have the "extra" land added to the Land Registry records prior to purchase on grounds of adverse possession. I don't think it was particularly difficult.
We recently sold the house, including this extra land, with no difficulties. Hopefully yours will be similarly resolved.0
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