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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10734
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have sold some registered land. Contracts were exchanged

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I have sold some registered land. Contracts were exchanged in Autumn 2014 with completion due 30/12/2014.However it became necessary for the buyer to pay in instalments and the final payment was only made January 2016There is now a boundary dispute between the land in question and a neighbours land.
Not having used a Solicitor I am unable to register the buyer at the Land Registry without his cooperation which he wont give until the dispute is sorted.
Who is the owner of the land which is still registered in my name?and what should I do?
Hi,Has your Buyer been using a Solicitor to act on his behalf?I take it that the neighbour dispute only arose AFTER Contracts had been exchanged?I also take it that the buyer has made the final payment to you? Kind RegardsAl
Customer: replied 2 years ago.
The buyer is not using a Solicitor.
The buyer has paid in full
The dispute commenced after completion
Hi,Thanks for your reply.Well, it is the duty of a Buyer to make all necessary enquiries and searches before Contracts are exchanged, as they take the property subject to any matters. Once completion has taken place, any disputes surrounding the property are the concern of the Buyer, and only the Buyer. The Seller owes the Buyer no duty whatsoever to sort out any dispute, after completion, as the property legally belongs to the Buyer and not the Seller.Likewise, it is the duty of the Buyer to register their ownership of the property at the Land Registry- not yours. A Seller does not have to assist the Buyer in any such application.I would therefore confirm to the buyer what I have said as it really is not your problem to deal with either the registration or the dispute!It may be wise for the Buyer to speak to a Solicitor if he wants to resolve matters.I hope this assists you and sets out the legal position.If so, I would be grateful if you could rate my Answer.Kind RegardsAl
Customer: replied 2 years ago.
Many thanks.
The dispute will continue without me and as the vendor I would like to know whether the neighbour has a case to have the boundary moved based on her possession of an old conveyance dated 1945 and containing a small sketch of her property with measurements. Could this have priority over the current land registry record?The physical boundary has not been moved in the 32 years that our family have owned and occupied our property.
Hi,Thanks for your reply.The fact that there may be an old Plan floating about has very little bearing on a current neighbour dispute, as what the boundaries may have been donkeys years ago is not a plausible argument to have the current boundaries changed now.In short, if the current boundary line has been in place for 12 years, a party who may have "pinched the neighbour's land" does have the right to apply to the Land Registry to obtain "possessory title" of this land. I note the boundaries have been in place for over 12 years, there is therefore no legal chance of the neighbour challenging the current boundary line.I hope this clarifies the legal position to you.Kind RegardsAl
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Customer: replied 2 years ago.
The dispute continues and the neighbour has moved on to the disputed land which is part of the land we sold and completed on in January 2016 She has barricaded with scaffold poles.My buyer is refusing to register change of ownership at the Land Registry in an attempt to keep me involved.Having exchanged contracts and later having received the full sale proceeds and providing all the appropriate Land Registry forms am I correct in my belief that the transaction is complete and ownership has passed?
Secondly regarding the original owners right to apply to obtain possessory title is this right lost to successors in title or can the current owner take this course and if so will the neighbours claim have any value? or could the original owner apply in retrospect to protect her position against future claims?
Many thanks in anticipation.Alun Jenkins
Customer: replied 2 years ago.
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Customer: replied 2 years ago.
Please may I have a response to my communication of 07/03/16.
Alun Jenkins***@******.*** ***********
Hi AlunApologies for the delay.You are quite correct- completion has taken place and any dispute concerning the property has absolutely nothing to do with you and is not to concern you. Your Buyer is being foolhardy if they think they are keeping you involved by not registering their ownership at the Land Registry.As regards ***** ***** point, a current owner can apply, and only the current owner can apply, but will need to provide 12 years evidence of the land to the Land Registry to enable the claim to proceed. What would normally happen is that where the current owner has not lived there for the full 12 years, he would lodge a declaration from the previous owner of the property confirming how may years the previous owner ad been in possession of the land.I hope this assists.Kind RegardsAl