Land registry - vendor doesn’t legally own part of the garden

J66998821

Nothing built on it, no access from the road, but forms a huge part of the garden and one of the key reasons we wanted to purchase. We wouldn’t probably wouldn’t purchase the same house if the garden was half as big. 

It seems unlikely the original owner would claim it back after so long.

it’s more the concern of having problems reselling the house in future and possibly having to take a loss that’s the issue 

J66998821

And also the mortgage lender not giving us all the money too! 

J66998821

Also if the vendor didn’t think it was an issue why haven’t they been in touch trying to reassure us that it’s not an issue? Hmmm

user1977

J66998821 said:

it’s more the concern of having problems reselling the house in future and possibly having to take a loss that’s the issue 

But you won't need to take a loss if the price is correct now? i.e. if it is adjusted to take account of the lack of title.

Ath_Wat

J66998821 said:

Nothing built on it, no access from the road, but forms a huge part of the garden and one of the key reasons we wanted to purchase. We wouldn’t probably wouldn’t purchase the same house if the garden was half as big. 

It seems unlikely the original owner would claim it back after so long.

it’s more the concern of having problems reselling the house in future and possibly having to take a loss that’s the issue 

Maybe the original owner wouldn't, but if it's registered in their name and they have died, their heirs might suddenly realise they own some land and decided either that they do want it or that they are prepared to sell it to someone else who does.

I think it's vanishingly unlikely that this will be sorted in time for you to buy it.  If I were you I would either buy it at a price that assumes half a garden, and take anything else as a bonus, or pull out.

Ath_Wat

J66998821 said:

And also the mortgage lender not giving us all the money too! 

Well they will give you enough to buy it at the half garden price, which is all you should pay unless they get this all sorted, which, as I say above, seems very unlikely in a reasonable timescale.

canaldumidi

Ath_Wat said:

J66998821 said:

Nothing built on it, no access from the road, but forms a huge part of the garden and one of the key reasons we wanted to purchase. We wouldn’t probably wouldn’t purchase the same house if the garden was half as big. 

It seems unlikely the original owner would claim it back after so long.

it’s more the concern of having problems reselling the house in future and possibly having to take a loss that’s the issue 

I think it's vanishingly unlikely that this will be sorted in time for you to buy it.  If I were you I would either buy it at a price that assumes half a garden, and take anything else as a bonus, or pull out.

Having read the thread and all the information you've provided, I agree with this conclusion.

J66998821

Thanks that’s the conclusion I’m coming too as well unfortunately. 

Imagine the vendors won’t take a huge reduction in value either 

Ath_Wat

J66998821 said:

Thanks that’s the conclusion I’m coming too as well unfortunately. 

Imagine the vendors won’t take a huge reduction in value either 

Bear in mind that now the estate agent needs (legally, at least)  to tell any future viewers that half of the apparent garden is not included in the sale, as the vendors have no ownership of it or right to sell it.  The vendors might find that, given that they simply do not own that land, that their original asking price needs revising downwards.

Just because there's some land there with a fence round it means nothing.  They can only sell what they own.

Slithery

For any future prospective properties bear in mind that you can download the title plans instantaneously from the LR website for £3 before even deciding whether or not to view. It would have saved you months of messing around in this situation.