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Adverse Possession Insurance
Comments
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Is the owner of the land actually known? If not, then it's unlikely they'll become aware of any claim, especially if they cannot be contacted by LR.RJ1129 said:Thank you all for taking the time to respond. Ideally we would like the seller to sort this out before we buy, but as stated this would bring the owners attention to the issue and the insurance would become void. We think that we will wait until we see the Statutory Declaration from the seller outlining their case for Adverse possession and consult a specialist Land Lawyer.
Insurance might become void (need to check for confirmation) but if the seller makes the AP claim then would insurance be needed? After all, they can only win or lose - if they win then there is no issue with buying their house, and if they lose then you probably won't want to buy anyway.
I fully agree with getting more info from them and consulting a specialist lawyer. It's one of those tricky situations where the risk is probably very small but the implications could be very high.
I may be seeming to be over-reacting, but I know someone who bought a flat conversion and a few months later their solicitor told them there was a registration problem and they could not be registered as the legal owners! The solicitor's professional insurance paid up and compensated them but it couldn't prevent them from losing the flat and having to move out.0 -
Not sure where the idea of a "specialist" lawyer is coming from - this is not a particularly esoteric conveyancing issue.
OP, are you saying you haven't even consulted a solicitor yet?0 -
specialist as in land law and adverse possession rather than 'simple' conveyancing?0
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A 5 second search suggests otherwise, eg https://www.wilsonbrowne.co.uk/personal/disputes-and-litigation/consumer-disputes/adverse-possession-claims/davidmcn said:
"Land law" is what conveyancers do! I very much doubt there are any solicitors who specialise in adverse possession.Mickey666 said:specialist as in land law and adverse possession rather than 'simple' conveyancing?0
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