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Discovered hidden council deed after buying house – any legal options?
Comments
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Are you saying that it is possible for a restriction to be placed on land that binds subsequent purchasers despite it being not reasonably visible to them at the time of purchase?One question in my mind is whether in fact there was a requirement for the deed to be lodged at the Land Registry originally - and it wasn’t. Even then though, where the responsibility for that would be said to lie would be another question entirely, and might not get the OP anywhere in any event.(My username is not related to my real name)0 -
It's more of a planning issue than a "restriction on land" though - and as far as we know, reasonably visible from the planning history.peterhjohnson said:
Are you saying that it is possible for a restriction to be placed on land that binds subsequent purchasers despite it being not reasonably visible to them at the time of purchase?One question in my mind is whether in fact there was a requirement for the deed to be lodged at the Land Registry originally - and it wasn’t. Even then though, where the responsibility for that would be said to lie would be another question entirely, and might not get the OP anywhere in any event.0 -
If in this case the deed had been referred to on the title document, not only would it have been sorted by the OP’s solicitor, the OP themselves would have been aware of it too! That is my point though - it would seem logical that there would have been a requirement for it to be lodged.peterhjohnson said:
Are you saying that it is possible for a restriction to be placed on land that binds subsequent purchasers despite it being not reasonably visible to them at the time of purchase?One question in my mind is whether in fact there was a requirement for the deed to be lodged at the Land Registry originally - and it wasn’t. Even then though, where the responsibility for that would be said to lie would be another question entirely, and might not get the OP anywhere in any event.🎉 MORTGAGE FREE (First time!) 30/09/2016 🎉 And now we go again…New mortgage taken 01/09/23 🏡
Balance as at 01/09/23 = £115,000.00 Balance as at 31/12/23 = £112,000.00
Balance as at 31/08/24 = £105,400.00 Balance as at 31/12/24 = £102,500.00
Balance as at 31/08/25 = £ 95,450.00
£100k barrier broken 1/4/25SOA CALCULATOR (for DFW newbies): SOA Calculatorshe/her0
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