Advice please

mummyflesh · 12 July 2019 at 2:12PM

Hi All

We are approaching week 21 since the offer was accepted on the property that we are buying and we still have not exchanged. On 23 May I raised a question with regard to boundaries and I raised that the location of the fence on the house doesn’t look right. The sellers solicitor said the property is as per the title deeds, they also sent another plan through that is different to to the deeds but didn’t say what it was for.
On Monday this week I raised the fence issue again and now today my solicitor has informers me that drive is not on the title deeds as it’s unregistered Land and the fences/boundary doesn’t look right so my solicitor has asked sellers to get a surveyor out to look at it all and go for a possessionry title.
What I want to know is why this hasn’t been picked up earlier. Who is at fault and who can I complain to. My solicitor is saying it’s the sellers solicitor and estate agents saying it’s mine!! Help I have had enough

Comms69 · 12 July 2019 at 2:13PM

mummyflesh wrote: »

Hi All

We are approaching week 21 since the offer was accepted on the property that we are buying and we still have not exchanged. On 23 May I raised a question with regard to boundaries and I raised that the location of the fence on the house doesn’t look right. The sellers solicitor said the property is as per the title deeds, they also sent another plan through that is different to to the deeds but didn’t say what it was for.
On Monday this week I raised the fence issue again and now today my solicitor has informers me that drive is not on the title deeds as it’s unregistered Land and the fences/boundary doesn’t look right so my solicitor has asked sellers to get a surveyor out to look at it all and go for a possessionry title.
What I want to know is why this hasn’t been picked up earlier. Who is at fault and who can I complain to. My solicitor is saying it’s the sellers solicitor and estate agents saying it’s mine!! Help I have had enough

No-one, and no-one. You have no valid complaint. This is typical in house buying.

babyblade41 · 12 July 2019 at 2:27PM

This happens more than people think and although reasonably straight forward if the vendor has all the relevant paperwork.
An OS will go out to survey the land in question as a matter of course in most cases.

The problems arise as it takes time, as although it can be expedited in the first instant, the rest is done under timed conditions if investigations need widening into neighbouring properties.

If that happens then any objections have to be received within 15 days . If no objections then vendor will be given possessory title.

It is very much advised not to exchange until this has happened

If everything is in order without complication then it can add approx 9-10 weeks to the normal conveyancing .. if it isn't you have to decide if you are prepared to wait until resolved

SpiderLegs · 12 July 2019 at 3:02PM

You can complain to me if you want. I will respond within 1 hour. Possibly.

Tiglet2 · 21 July 2019 at 9:11AM

Third thread about this issue. It could take another 3 months if possessory title is sought and you won't exchange until this issue is concluded one way or another. However, you said on a previous thread that the driveway is leased. Therefore, possessory title is not applicable.