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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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We are hoping to buy a house which was formerly repossessed.

Resolved Question:

Hello,We are hoping to buy a house which was formerly repossessed. The house originally came with a double garage in a small residents car park at the back of the house but this is on a separate deed and still has the original owners name on it. The agent assures us that there is no way the house can be sold with the garage, and we believe that the original owners have no idea they still own it. The house has been vacant for the last two years, and formerly we saw the owners had advertised it for rent. We have tried to track the owners via the letting agent they had used, who have sent them an email on our behalf and said they were overseas, but we have heard nothing back. We have their names from the deeds but have not managed to track them through our own efforts online (Electoral role, social media sights etc.) because all we have is their names and the address of the repossessed house. If we could find the owners we would make them an offer for the garage. BUT, assuming we can't find them and the garage has been abandoned, how we can legally claim the garage as ours (ideally we do not want to wait 10/12 years for adverse possession)? AND are there any legal ways you could advise us to help us track the former owners? (We will try asking the neighbours if the sale goes through
Submitted: 7 months ago.
Category: Law
Expert:  F E Smith replied 7 months ago.

I dealt with the previous question for you.

You are going to have to find the owner, it’s a simple as that. Otherwise you are faced with 10 years.

Any competent tracing agent will be able to find the owner. There are lots of them on the Internet.

Here is one advertising and tracing service, no find no fee for about £50 plus VAT. Some will only take instruction from solicitors or will want money upfront..

http://www.ccsformations.co.uk/Tracing-25-c.html

if that fails, then you can only try adverse possession and wait the 10 years.

Can I clarify anything else for you?

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Best wishes.

FES

F E Smith, Advocate
Category: Law
Satisfied Customers: 8977
Experience: I have been practising for 30 years.
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