Boundary not advertised correctly and vendor not playing ball....

AdrianC

boromanc89 said:

To be honest, in this area, I haven't found it to be a buyers market.  We were 1 of 7 offers that went to best and final so feeling a bit hamstrung here.  She wouldn't struggle to find another buyer.
The property isn't registered as it last changed hands in 1970, I don't think there is anything controversial about it.

So there y'go...

You have a simple choice.
Either go on with the purchase, or walk.
If you don't make that decision soon, it may not be yours to make.

eddddy

Doozergirl said:

eddddy said:

If it were me, I'd be nervous about buying the house, if I couldn't get certainty about buying the land.

Councils generally have a duty to get the best value for council tax payers, so if a neighbour jumped in and offered, say, £10k (versus your £4k) the council might feel duty-bound to give 3 months notice on the lease and sell to the neighbour.

If the vendor is being difficult, it might be easier to contact the council directly yourself to negotiate.

I really don't think they're obliged to advertise it to the highest bidder.  The neighbours won't know.  

TBH, I'm not so sure.

Here's what a couple of random councils say (Greenwich and St Helens) :

Apply to buy land from the Council

Residents can apply to buy small areas of land on council housing estates.

...

Consultation

As soon as we receive payment [of the valuation fee] we'll begin a 28 day consultation period.

We have a responsibility to consult with people who may be affected by the sale of Council-owned land. We'll ask local residents, housing officers responsible for the management of the estate, ward councillors for the area and the Cabinet Member to comment on the impact of the sale of the land. 

Link:https://www.royalgreenwich.gov.uk/info/200172/housing/1966/purchase_a_small_area_of_housing_land/2

And

COUNCIL POLICY/OBJECTIVES
Whenever an interest in land or property is to be disposed of, the following shall apply:-

a) The disposal should maximise the benefit to the Council in accordance with Section 123(2) of the Local Government Act 1972, which states that with the exception of a disposal by way of a short tenancy (the grant or assignment of a lease of a period of seven years or less) :-
a Council shall not dispose of land for a consideration less than the best that can reasonably be obtained without the permission of the Secretary of State
...
8. ADVERTISING
8.1 Unless prior approval under Procedure Rule 6.3 to deal with a special purchaser has been obtained, then all disposals will be advertised.
8.2 Advertising will be of sufficient intensity and direction to effectively canvass potential buyers. An outline of advertising proposals and a cost ceiling should be established on a scale in keeping with the estimated value of the land or property for disposal.

Link: http://moderngov.sthelens.gov.uk/documents/s37868/Appendix A - Current Land and Property Disposal Procedure Rules.pdf

Cashpour

Its a tricky dilemna but if youwant the house it would be better to pay an extra £4k and ensure the title is fegistered properly with the garden land added to save on future issues when you come to sell. If it seems like a poor deal then walk away...housr buying is too important to have lasting regrets... good luck whatever you do!

Marvel1

boromanc89 said:

Marvel1 said:

I'm not buying the whole forgot/didn't know the land was leased.

Are you talking about me? Or the vendor?

The vendor.

boromanc89

Thanks for the very helpful advice everyone.  We have talked it through, intend to speak to solicitor on Monday but ideally we would prefer to arrange a linked transaction with the council and purchase the land ourselves, take the vendor out of the equation.  A second option would be getting some sort of personal quotation for us (not the vendor) with some sort of assurance we can purchase the land.  We just want to move the sale on as best we can.

SharkMoney

4K will be nothing in 10 years.... linked transaction sounds like a solution if this is possible

boromanc89

Thought I'd update this.  Turns out our vendor is the most stubborn old lady in the world (and I deal with a lot of old ladies in my line of work).  We went back and said we'd pay for land but want linked purchase of the land with simultaneous completion.  She said no, she won't deal with council, why can't we do that when we move in.  She even had the cheek to call me and say she doesn't have time to deal with this as she doesn't want to lose the flat she is buying.  The chain isn't even completed yet and she has so far spent 3 weeks saying no to us.  She also admitted to me on the telephone that she thought she owned the land, she thought the lease arranged in 1993 was purchase of the freehold (even though she signed the document and it says LEASE in capital letters on the front, not sure I believe her).

To be honest, at the moment I am losing my patience with her.  She comes across as totally oblivious to the concept of negotiation.  Going to speak to solicitor tomorrow to see if we can arrange a linked purchase without her cooperation, but I doubt this as she is the current leaseholder.  She seems to just see us as a source of funds that will enable her to buy her flat.  We are contemplating either dropping our offer to correspond with the reduced land we are getting in return, or just outright threatening to pull out if she won't cooperate to see if this makes her see that she can't move into her flat without a buyer, and finding a new vendor will take longer than dealing with us.  

AdrianC

boromanc89 said:

She seems to just see us as a source of funds that will enable her to buy her flat.

Well, yes. That's exactly what you are to her... You are providing the funds by buying the house. She has no other emotional involvement with you.

wilfred30

OP - personally, I think you are in the driving seat here.  She says she won't deal with the issue as the delay might cause her to lose the flat she's buying but, if you walk away because of it, she will have to start from the beginning again with a new purchaser.  So she'll be no better off.  If anything, she's likely to be worse off considering that a new purchaser will have the same problem as you're having.

Have you considered talking to the EA and asking them to point that out to her?

eve824

I'd give her an ultimatum. Either arrange the land purchase like you've suggested, £10k off for the land purchase and risk involved, or pull out. Her choice. I suspect she will then begrudgingly opt for the first option!