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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10345
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have a small commercial property . The property is

Customer Question

I have a small commercial property for sale. The property is being sold with planning permission to convert to 3 residential properties. Searches, as part of the sale process have discovered that the approved plans include a small piece of land (size of a family car) to the front of the property which isn't actually registered to the property. On consultation with the Land Registry we find that the land is actually unregistered. The wheels have come of the sale until we either register the land to the property or have the plans amended. Is there an easy way to resolve this problem or can an indemnity be put in place to protect the buyer to allow completion of the sale.
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.
Hi,Thanks for your enquiry.Is the unregistered land part of your property (ie it is fenced in and you have always used it and treated it as your own) or is there a possibility that it does indeed belong to a neighbouring property?If it is fenced in and has been an integral part of your property, how long have you been in possession of the land? I look forward to hearing from you.Al
Customer: replied 1 year ago.
The land although not fenced in has always been assumed to be part of the property. My partner has owned the property only 3 years. The land in question is a small piece at the front of what was a takeaway business. it is no bigger than for a single car to stand on and is between the building and the pavement. Land registry say it is unregistered to the property and to the highways dept. Thank you
Expert:  Aston Lawyer replied 1 year ago.
Hi,Thanks for your reply.I'm afraid there is very little chance of you registering the land as your own at the Land Registry- to be successful in obtaining possessory title, you have to provide evidence that you and the previous owners of the property have "possessed" the land for 12 years. You also have to show that the land is an integral part of your property and has been used to the exclusion of anyone else.Likewise, the Buyer would be foolish to proceed, knowing that part of the development would be being built on land to which they have no title.I'm also afraid to say that no insurance Company will grant an indemnity policy for scenarios like this-there is too much of a risk in them insuring against a claim where building or development has been carried out on land not owned by the insured. They will only issue a policy if the insured has possessory title of the land.Therefore, the only option for you is to amend the planning plans, I'm sorry to say.Sorry this is not the answer you were looking for, but it sets out the legal position.Kind RegardsAl
Expert:  Aston Lawyer replied 1 year ago.
Hi,Can I assist you any further?Kind RegardsAl
Customer: replied 1 year ago.
No thank you. I thought service was very good. Many thaks.
Expert:  Aston Lawyer replied 1 year ago.
Hi Graham,Thanks. If you are happy with my answer, I would be grateful if you could rate my answer.Best WishesAl
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10345
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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