House Sale Held Up By Land Problem.

[Jeffrey Shaw 89]

Is the 'missing' land:

a. unregistered at HMLR; or

b. registered in the name of someone other than the present vendor?

[Annie Bynnol 611]

2 hours ago, Jeffrey Shaw said:

Is the 'missing' land:

a. unregistered at HMLR; or

b. registered in the name of someone other than the present vendor?

a. unregistered at HMLR;

 

It is  the middle third of a back garden occupied by one owner for nearly 40 years.

In the 1980s the land at the back of the houses became a new estate.

The lane at the back became a road and road access was is established to the last third of the garden where there is parking.

It is "unhindered" and permanent  access over the middle third which worries the mortgage provider.

The original boundary map provided was an undated and much photocopied section and showed only two block covering the unchanged extent of the garden.

[vwkittie 10]

If it's a first time purchase with no chain to worry about (from your child's perspective), honestly I'd walk away or at least give the current owners a time in which to sort it out or you'll walk.

 

A friend of ours was recently buying his first house and had some similar issues to you describe, old house with a new block of flats built nearby without access etc being sorted properly, it was a problem that dragged on and on until he gave up and walked away from it, there was no resolution is sight.

 

On our last purchase we had all sorts of problems with the vendors. Gave them 20 minutes to complete or we would have walked (and we really would have as well it wasn't an idle threat). Funnily enough they got their affairs in order and completed within 20 minutes.

[Jeffrey Shaw 89]

On 02/11/2019 at 23:35, Annie Bynnol said:

a. unregistered at HMLR;

 

It is  the middle third of a back garden occupied by one owner for nearly 40 years.

In the 1980s the land at the back of the houses became a new estate.

The lane at the back became a road and road access was is established to the last third of the garden where there is parking.

It is "unhindered" and permanent  access over the middle third which worries the mortgage provider.

The original boundary map provided was an undated and much photocopied section and showed only two block covering the unchanged extent of the garden.

OK. So V cannot sell it at all, for lack of title, unless he/she can prove adverse possession for a period exceeding twelve years.

See HMLR Practice Guide 5 here: https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land

Edited November 9, 2019 by Jeffrey Shaw
Spelling correction

[Annie Bynnol 611]

On 05/11/2019 at 16:37, Jeffrey Shaw said:

OK. So V cannot sell it at all, for lack of title, unless he/she can prove adverse possession for a period exceeding twelve years.

See HMLR Practice Guide 5 here: https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land

Thank you Mr Shaw.

Edited November 9, 2019 by Jeffrey Shaw
Spelling correction

[littlebasher 11]

You're lucky they spotted it at this stage - My solicitor discovered a similar issue after we had completed !

 

I owned the front half of the house and the bottom half of the garden - but nothing in between.

 

All was sorted after about 18 months, with the crown and LR deciding amongst themselves that i could have full title (rather than the adverse possession that looked likely)