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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7625
Experience:  UK solicitor holding an England and Wales practising Certificate.
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We purchased a property that came with extra land a year a

Customer Question

We purchased a property that came with extra land a year a go. last november we have notice that the land was still register in the ex owners name. what can we do?
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi,

Was the title to the extra land included in the sale?

What has the solicitor said about this?

Kind regards,

Tom
Customer: replied 3 years ago.

No when, we purchased to house we where told that the land was part of the house.


So when we sign the paper it thought is was included

Expert:  Thomas replied 3 years ago.
Hi,

You were told by your solicitor that the land was include in the purchase. Correct?

Kind regards,


Tom
Customer: replied 3 years ago.

Nope the seller told use

Expert:  Thomas replied 3 years ago.
Hi,

Did you tell your solicitors that the Seller had said it was included?

Did the agent include a reference to the extra land in their Notification of Sale letter?

Tom
Customer: replied 3 years ago.

We did mention the extra land at the back.


what happen is all the property got land at the back of they house some use it some don't


the ex-owner of this property use the land at the back and purchased couple extra, the land access are link to the house only we can access it

Expert:  Thomas replied 3 years ago.
Drafting your answer now. 5 mins please.

Tom
Expert:  Thomas replied 3 years ago.
Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

If the sale was to include the land which is registered under a separate title then this should have been included in the Contract for Sale which solicitors arranged and the Land Registry Transfer which they would also arrange.

If the land has not been transferred then it will either be because your solicitor was not advised that it was included by either you/agent OR because they did not include it in the Contract/Transfer despite being aware of it (for which you might have a claim against them in negligence.

You need to contact your solicitor to draw his attention to this and see whether or not he knew the land was to be included. If the only persons who knew that the Seller had said it was included were you and you did not advise your solicitor then the solicitor can’t be held responsible though.

Either way you will have to see if the land was included in the Contract for sale as arranged by your solicitor (although they should have reported to you on the purchase prior to exchange so that you could see for yourself). If it was then you can compel the seller to execute a transfer to transfer it to you now.

If the land was not included then you will have to contact the Seller and see if they are willing to now transfer it to you for no consideration (ie for no money) on the basis of their earlier representation to you that it was included.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kindly rate my answer if you are satisfied with the information I have provided.

Kind regards,


Tom
Expert:  Thomas replied 3 years ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.

If not, please rate my answer.

Kind regards,


Tom
Customer: replied 3 years ago.

Hi,


Thanks for your advise, but I rather see someone face to face.


could you please unsubscribe me and remove my email from you mailing list.


Many thanks

Expert:  Thomas replied 3 years ago.
Hi,

It would have been helpful if you had stated your preference for face to face advice before I provided my answer.

I will contact customers services and ask they contact you with regard to your account enquiry.

Regards,

Tom