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propertylawyer, Solicitor
Category: Law
Satisfied Customers: 288
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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Can I sell a parcel of land to a neighbour even though I

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Can I sell a parcel of land to a neighbour even though I dont have legal title - I have occupied the land since 1989 when the limited company who owned it went into liquidation - and the proposed buyer is happy to buy on this basis. He will eventually apply to Land Registry for possessory title with me also supplying a Stat Dec proving my possession. If I can sell then presumably we just need a simple contract expressing these conditions.

If you hand this to lawyers the buyer will no doubt be advised of risks. Potential risk of not getting possessory title after purchase.

Can you not obtain possessory title first?

Customer: replied 1 year ago.
I can't apply to Land Registry until 2019 once 30 years have elapsed since limited company was liquidated i.e 2019 . I just need to know if I can legally do this transaction (buyer is not consulting a lawyer) and he just wants this land to extend his garden. He is happy to apply to LR in due course with my help (me making Sat Dec)
Customer: replied 1 year ago.
Just to summarise I need to know if I can legally sell the land and if a simple contract will suffice.

Legally, you cannot sell something you do not own. You do not have title or any interest in the land as yet.

Potentially the contract could be void, if you sold the land and the buyer's possessory title application failed.

You can proceed but I could not give any guarantee that it is valid and that you would not be exposed to any action from the buyer in the future. If it does not work out the buyer would have 6 years to claim against you.

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