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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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In 2007 I bought a property, in February this year having paid

Resolved Question:

In 2007 I bought a property, in February this year having paid off the mortgage, I discovered the property had two titles, one of which covered part of the garden which had not been transferred into my name.
Four months on it still hasn’t been and the matter is now with the Ombudsman. My question is the seller (who's current address I don't have) is refusing to answer letters, phone calls etc. It’s my believe that they just don’t want to be bothered, so what can I do to make it happen?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thank you for your question. My name is ***** ***** I can assist you with your question.

tdlawyer :

Was this particular plot of land included in the contract when you purchased the home?

Customer:

It's part of the garden that's fully enclosed by the external fence. If you put the address in at the land registry both titles come up

tdlawyer :

Okay, but dud they actually contract to sell it to you?

tdlawyer :

You might need to check with your conveyancing solicitor, because this is important.

Customer:

since they are trying to get it transferred, they think it is

Customer:

items like the shed which where in the contract are standing on this piece of land

Customer:

are you still there?

tdlawyer :

Yes, I'm here.

tdlawyer :

OKay, if it's sold to you, then obviously,they need to complete the documents to make that happen.

Customer:

but that was my question, they are ignoring contact by there own solicitor, and my messages

tdlawyer :

What you might be able to do is say they're in breach of contract, and that you can ask the court to order them to perform the contract, or if they will not still (which would be unlikely then), you can ask the court to appoint somebody to do it.

Customer:

any idea how much that would cost?

Customer:

and how to do it

tdlawyer :

Difficult to say, because each solicitor charges their own rates, and there is a lot of difference in the market.

tdlawyer :

But assuming you had to go all the way to a final hearing to sort this, if it was uncontested, you could look at paying about £2,500 or so in legal fees.

tdlawyer :

Some lawyers would charge a lot more, so you should shot around and see what quotes/estimates you get.

Customer:

any idea if my solicitor would have to do this if the ombudsman said they have to complete the conveyance, which seems a reasonable possibility at the moment?

tdlawyer :

Your ombudsman can require the solicitor to do things for you, but he cannot require a third party (the sellers) to do anything. So, he has limited effect, other than to require your solicitor to do the work at little cost etc.

tdlawyer :

You potentially would still need to go to court.

Customer:

I meant basically that my solicitor would need to do this without costing me anything, if they are ordered to complete the conveyance

tdlawyer :

Oh yes, there is a potential to achieve that outcome via the ombudsman.

Customer:

obviously this is all 'if' at the moment, and if there is an easier way I'll take it. Do you think there is anything else I can do?

tdlawyer :

Not really, I'm afraid to say. Other than, of course, going around to see the sellers and try and personally get them to get on and sort it.

Customer:

Yes, trust me that was what I was trying to do. My faith in people is not too high at the moment. Anyway, thanks, ***** ***** you would say something like that. Take care.

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