Part of garden is registered to previous owner

aeg85

davidmcn wrote: »

The alternative is you just take a view on it. How important is this strip of land? ie what size is it, is necessary for access, are there any buildings on it?

There are no buildings on it, it's a good strip of land which goes down the side of the house, it's a few feet wide and provides access to the back of the house. It's all tied up as one big garden and extends the land a bit. It's important, without it we probably would be put off the house.

babyblade41

aeg85 wrote: »

Is it possible for the sellers to start the process for this and we continue to purchase the house as intended and once they have completed this then transfer it over to us? If they claim for adverse possession? The house and garden is separate, it is just the garden path and a little bit more to the side of the house. We've already waited weeks for them to purchase the freehold for the property, we can't hold out much longer to be honest. We're living with relatives which isn't ideal. I'm trying to work out the best solution as our solicitor won't answer our calls as she has nothing to update us on but we just want advice.

I doubt your solicitor would advise this as mine wouldn't when I had to go through this before xmas, although it was a bigger bit of land.

Your problem lies if adverse possession isn't granted and previous heirs wish to object, would you happy not to have this as part of your property

Land_Registry

aeg85 wrote: »

Is it possible for the sellers to start the process for this and we continue to purchase the house as intended and once they have completed this then transfer it over to us? If they claim for adverse possession? The house and garden is separate, it is just the garden path and a little bit more to the side of the house. We've already waited weeks for them to purchase the freehold for the property, we can't hold out much longer to be honest. We're living with relatives which isn't ideal. I'm trying to work out the best solution as our solicitor won't answer our calls as she has nothing to update us on but we just want advice.

Anything is possible but if you are buying with a mortgage I can't see the lender agreeing to it.
As babyblade posts your solicitor is also likely to recommend against it too although you'd need to ask and discuss it with them re the risk(s) involved.
So please do stick with and rely on your legal advice here as you are paying for their expertise/legal knowledge