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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3608
Experience:  Two years conveyancing experience.
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I bought some land from a neighbour but it turns out they only

Resolved Question:

I bought some land from a neighbour but it turns out they only owned part of the land they sold us. the real owner now wants us to pay a fee for the part owned by them.What is my position with the neighbour I originally bought the land from.
Regards Anna
Submitted: 3 years ago.
Category: Property Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

Did you have a contract for the sale? Did the contract say the land is sold with "Full title guarantee"?

Kind regards

AJ
Customer: replied 3 years ago.

The land sale was conducted by solicitors and registered with the land registry. The TP1 document says transfers with full title guarantee. The problem is the land on the title plan is not the same as the land the neighbour told and physically marked out for us to put fences up. It is about half the size.

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Do you think your neighbours deliberately misled you?

Did you have an opportunity to review the title plan before the purchase was complete?

Kind regards

AJ
Customer: replied 3 years ago.

The registration was completed and we were asked to sign and return a copy of the document but were not asked to review it. I thought thats what the solicitors were supposed to do.


Regards Anna.

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

The solicitor will deal with the paper work but all they will have is the title plan.

The solicitor should have asked you to either get a survey or at least confirm that the plan represents what you are buying.

How much are they asking for the rest of the land?

Kind regards

AJ
Customer: replied 3 years ago.

I don't think they deliberately sold the land knowing it wasn't theirs in fact he still thinks its his. I paid £15000 for the land the neighbour sold us in 2009.The people who own part of the land I was sold are now asking for £15000 for the land.


Regards Anna

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I think there are two elements here:
1. Firstly your neighbour incorrectly sold you land with a full title guarantee that does not belong to them;
2. Your solicitor has potentially badly advised and not properly accounted for what you believed you were buying.

- On the basis that the neighbour misold you, may have a claim for breach of contract however you were advised during in the purchase and accordingly given the title plan. There is an argument that the maxim caveat emptor applies ("buyer beware") and the seller may be able to use this as a defence. I would start by finding out why the neighbour still believes it is his land before considering suing for breach of contract.

- If the solicitor has been negligent you need to get hold of your file with the solicitor (they are obliged to retain these for 6 years) and find out what your instructions were given in 2009. Why did the solicitor not advise you to check what you were buying? If the solicitor has been negligent you may have a claim for your loss against the solicitor which is potentially as much as £15k.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

Thanks AJ. Needed pointing in the right direction. The solicitor who provided the service has now retired. Could he still be liable to a claim. obviously I don't want to go down that route. Will see if I can sort it without going down the litigation route.


Regards Anna

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Does his firm still exist? He would still be required to maintain indemnity insurance for up to 6 years after he retired even if he was a one man operation, therefore it will be worth raising the issue.

Kind regards

AJ
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3608
Experience: Two years conveyancing experience.
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