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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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My husband and I both owned a residential property which we

Customer Question

My husband and I both owned a residential property which we sold in December 2008. We were granted Planning Permission for a single severance building plot on part of the garden and retained title to the severance building plot. We later sold the severance building plot.
The Transfer contained various rights reserved for the benefit of the building plot. The new owners of the building plot are now encountering problems with their neighbours - the owners of the house we sold, who are asserting that because of the way the Transfer was drawn, some of the rights reserved for the benefit of the building plot cannot, in fact, be utilised in connection with the development of the single building plot. These neighbours are questioning whether or not the Transfer correctly reflected the terms of the agreement we reached with them in 2008. The Solicitors acting for the building plot owners have asked us to sign a Form of Authority so that they can have access to our Solicitor`s file who dealt with the sale. 1. This was 6 years ago. Are they entitled to do this after this length of time ? 2. What are the implications as far as we are concerned ? 3. Who is responsible - ourselves or our Solicitors? 4. Any other ideas/thoughts/answers would be very much appreciated. THIS IS ALL VERY WORRYING.
Thank you in advance for your time, expertise and consideration. Kind regards, ***** (Mrs).
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer :

Hello. You are under no obligation at all to sign the authority, but I can't see what harm it can do. In essence, you sold the property subject to and with the benefit of certain rights over the original housd plot. It was the buyer's solicitor's job to check that these rights were adequate. if they aren't, then this is the fault of tbe buyer's solicitor. There can be no come back on you because this is not a case of you misreprenting anything. Hope this helps. WB

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