Part of garden is registered to previous owner

aeg85

Hello,

I'm in need of some advice. We were very close to exchanging contracts when we were sent the title deeds to review which highlighted the boundary of the property was incorrect, it was missing a chunk of garden down the side of the house so we flagged this as an error and for them to look into it. Since then we have done some digging and discovered that this piece of land has its own title deed and is still registered to the previous owner who died in the 90s. The current owners were completely unaware of this and thought the entire garden was there's this whole time and they have lived there for over 20 years.

We're currently waiting on solicitors to see what the next steps are but I'm so annoyed that this has thrown a spanner in the works as we've been waiting months to complete. We have 2 months left to port our mortgage over.

Has anyone else been in a similar situation? What can I expect to happen? Thanks in advance.

BrownTrout

Would the heirs to the dead person even know that piece of land existed.......mm

DigForVictory

When this happened to us, the vendors sorted both an insurance policy (easy as they had evidence of 20 years enjoyment) & it was their problem to deal with the Land Registry.

As it turned out, the insurance meant our mortgage co couldn't give a tinkers & the Land Registry updated before we completed.

It need not be a deal breaker & it isn't your fingernails that need suffer.

Humdinger1

Dear OP

Well worth getting legal advice but it's possible that you have possesory rather than absolute title. We have a similar situation in our back garden. Good luck and keep us posted. Humdinger1

aeg85

DigForVictory wrote: »

When this happened to us, the vendors sorted both an insurance policy (easy as they had evidence of 20 years enjoyment) & it was their problem to deal with the Land Registry.

As it turned out, the insurance meant our mortgage co couldn't give a tinkers & the Land Registry updated before we completed.

It need not be a deal breaker & it isn't your fingernails that need suffer.

It's a relief to read this, I really hope it's like this for us. I've been on edge all week and trying to find out as much info as possible. Thank you for your reply 🤞

aeg85

Humdinger1 wrote: »

Dear OP

Well worth getting legal advice but it's possible that you have possesory rather than absolute title. We have a similar situation in our back garden. Good luck and keep us posted. Humdinger1

Fingers crossed we can resolve this situation easily and quickly! I'll keep you updated 😊

aeg85

BrownTrout wrote: »

Would the heirs to the dead person even know that piece of land existed.......mm

Probably not but I'd rather not take that chance so hopefully it can be resolved quickly and easily.

babyblade41

problem is getting it into your names now, firstly the owner needs to be contacted and LR won't just change it over as it doesn't belong to your seller.

I would expect your vendors will need to do this before exchange can go ahead.

ProDave

Surely this is a case where the vendor applies for adverse possession.

babyblade41

ProDave wrote: »

Surely this is a case where the vendor applies for adverse possession.

I would have thought so, only this time they do know who owns it so they will have to trace this persons heirs to get the transfer done... this will be done by the seller before exchange .

The original owner may want financial recompense if they have any sense as well

I doubt this will be a quick fix

babyblade41

If Op could keep this thread updated as it will help others who may encounter it in future

Possibly worth asking on the Land Registry thread who will give expert advice