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Should my Conveyancer ...

So it’s come to light on week 22 of the house purchase that the house that we are buying the sellers don’t own the drive. Even though they are advertising the house, garage and drive.
Should my solicitor have picked up from the searches and the title plan that the house doesn’t come with the drive. She has only realised this because the path that is at the side of the house is on unregistered land. It turns out the drive is leased from the council and the sellers are saying that they weren’t aware of this.

Comments

  • MovingForwards
    MovingForwards Posts: 17,178 Forumite
    10,000 Posts Seventh Anniversary Name Dropper Photogenic
    https://forums.moneysavingexpert.com/discussion/6025953/where-do-i-stand

    Your conveyancer would not have been out to see the property and the land it sits on.

    It doesn't show up in searches as that covers mines etc.
    Mortgage started 2020, aiming to clear 31/12/2029.
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    No, as the solicitor has never visited the property.

    It is your responsibility to check the boundaries registered with the LR against the actual physical layout. Having just done this you are now aware of the discrepancy and can instruct your solicitor to make further enquiries.
  • LawAbiding
    LawAbiding Posts: 295 Forumite
    Fourth Anniversary 100 Posts
    The first documents I received from my solicitor for my purchase (waiting on mortgage offer) is the title register and title plan.

    This shows, I would own the front drive, grass area and is marked in red.

    Did you not get it? If you did what does it show?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    mummyflesh wrote: »
    Should my solicitor have picked up from the searches and the title plan that the house doesn’t come with the drive.
    Show us the title plan and we'll tell you how obvious it ought to be.

    Why would the searches be relevant?
  • diggingdude
    diggingdude Posts: 2,501 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    Why two threads?
    An answer isn't spam just because you don't like it......
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Why two threads?
    It's almost always because the first didn't give the 'right' answer.


    You guys must try a little harder this time! ;)
  • Tiglet2
    Tiglet2 Posts: 2,716 Forumite
    Eighth Anniversary 1,000 Posts Photogenic Name Dropper
    Now there are two threads about this, I would advise you to look for another property to purchase. Then when you have found one, download the title deeds and title plan from Land Registry for £3 per document. Then you can check that the red line on the title includes the drive way and garage.
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