Vendor doesn’t actually own their garage…

user1977

Morble93 said:

user1977 said:

Morble93 said:

we’ve found out that the garage is mistakenly registered to the next door neighbour, along with their own garage, meaning they technically own two garages!! The vendor rang the land registry to query this and they are saying it’s actually an error and the council own the garage after all. 

What exactly have you been told (and by whom)? I suspect something's been lost in translation.

So we were told by the vendor and the estate agent that they’d found out that the council owns the garage. 

I explained the situation to a friend (who is an architectural technician) who kindly looked up the property for me on the land registry map. They pointed out that the garage in question actually forms part of the next door neighbour’s boundary. I’ve got screenshots of this.

I relayed this information back to the estate agent and told them to tell the vendor. They then rang me back and said the vendor already found this out herself too - she had spoken to the land registry though who have claimed it’s an error, and it shouldn’t be registered to the neighbour, it should be registered to the Council…

My mind is blown and this all feels very weird!

So this is the EA's account of what their client told them about their phone conversation with the LR...?

You haven't downloaded the title itself from the LR or spoken to the LR directly? As above though, I don't see how the LR can advise over the phone that something on the register is erroneous.

Eldi_Dos

Hope this may help with possible timescale.

A mistake at Land Register had details for two number 15.s and no number 18 in a block of flats a friend had interest in, it took from January till August for register to be corrected. The error appeared to have been made four years previously.

Martico

It might be worth you posting on the Land Registry Questions thread, you never know: https://forums.moneysavingexpert.com/discussion/5685941/land-registry-questions#latest

housebuyer143

user1977 said:

Morble93 said:

user1977 said:

Morble93 said:

we’ve found out that the garage is mistakenly registered to the next door neighbour, along with their own garage, meaning they technically own two garages!! The vendor rang the land registry to query this and they are saying it’s actually an error and the council own the garage after all. 

What exactly have you been told (and by whom)? I suspect something's been lost in translation.

So we were told by the vendor and the estate agent that they’d found out that the council owns the garage. 

I explained the situation to a friend (who is an architectural technician) who kindly looked up the property for me on the land registry map. They pointed out that the garage in question actually forms part of the next door neighbour’s boundary. I’ve got screenshots of this.

I relayed this information back to the estate agent and told them to tell the vendor. They then rang me back and said the vendor already found this out herself too - she had spoken to the land registry though who have claimed it’s an error, and it shouldn’t be registered to the neighbour, it should be registered to the Council…

My mind is blown and this all feels very weird!

So this is the EA's account of what their client told them about their phone conversation with the LR...?

You haven't downloaded the title itself from the LR or spoken to the LR directly? As above though, I don't see how the LR can advise over the phone that something on the register is erroneous.

You can find this out yourself by paying and downloading the neighbors deeds. It will show you exactly what they own. 

The land registry would only be able to say that the neighbour owned it because they are not to know this isn't the case if that is what the title shows. 

Sounds really really messy though and I should therefore assume you are buying this without a garage but might be able to have use of it. If they had not informed that council an indemnity policy might have been the way to go. 

Grumpy_chap

user1977 said:

In theory maybe, but they'll have a de minimus value below which they're hardly likely to insist on the current occupier being evicted and the garage going to auction.

GrumpyDil said:

And if it is only one garage in a row that will keep the price down 

I doubt that a garage will be low enough to be considered as de minimus.  
One garage alone can be worth quite enough to make it worth contesting.
Having said that, the Council may have established process to calculate the value of the garage and may apply a "marriage value" uplift for the sale to the current householder - assuming it is, indeed, the Council that own the garage and not a neighbour.

I know it is a different part of the country, but in my road there is a garage for sale at £165k.  That very same garage last sold at Christmas 2019 (I know as I was interested in it) at £113,500 which was far more than I could afford to pay for just a garage.

MEM62

Morble93 said:

What would you do in this circumstance?

What we would do is not relevant.  It is not our money.  The question is what do you want to do?  There will be some, even if small, negotiation with the seller and you are either willing to go ahead with that or not.  

Morble93

MEM62 said:

Morble93 said:

What would you do in this circumstance?

What we would do is not relevant.  It is not our money.  The question is what do you want to do?  There will be some, even if small, negotiation with the seller and you are either willing to go ahead with that or not.  

It is relevant to me, thats why I ask. I’m curious to know what others would do (or maybe have done previously) in this or a similar situation. No harm in asking others for their views!

DE_612183

Morble93 said:

MEM62 said:

Morble93 said:

What would you do in this circumstance?

What we would do is not relevant.  It is not our money.  The question is what do you want to do?  There will be some, even if small, negotiation with the seller and you are either willing to go ahead with that or not.  

It is relevant to me, thats why I ask. I’m curious to know what others would do (or maybe have done previously) in this or a similar situation. No harm in asking others for their views!

How much is the purchase price?
how much do you need the garage?
What type of house is it?
How many people living there?

Morble93

I called the land registry - it’s definitely registered to the council. An error with the neighbour’s boundary has been identified.

Morble93

DE_612183 said:

Morble93 said:

MEM62 said:

Morble93 said:

What would you do in this circumstance?

What we would do is not relevant.  It is not our money.  The question is what do you want to do?  There will be some, even if small, negotiation with the seller and you are either willing to go ahead with that or not.  

It is relevant to me, thats why I ask. I’m curious to know what others would do (or maybe have done previously) in this or a similar situation. No harm in asking others for their views!

How much is the purchase price?
how much do you need the garage?
What type of house is it?
How many people living there?

Purchase price: £210k
The garage is a must as it means I have somewhere to put my car. Otherwise it’s road parking which would be competitive seeing as not many of the houses have driveways.
It’s a 60s terrace, ex-council.
4 current occupiers (family), and there will be 2 of us (couple) moving in. Wasn’t sure whether you meant them or us so I just answered both.