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Ask wingrovebuyer Your Own Question
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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I bought my home almost 3 years ago. The previous owner, an

Customer Question

I bought my home almost 3 years ago. The previous owner, an elderly, also owned a piece of 'conservation' land, which is very small and at the bottom of my garden. She chopped a triangle of 'my' land (which was hers at the time) and joined it to the conservation land, although most drawings of the area still show it as part of my property. I was not too bothered as the land is registered as conservation area, but last night I received a letter to say the person she sold this land to (prior to selling my house to me) wants to build a new home on this plot. I have many issues with this, not least that it would block my sunlight and it is listed a conservation area, but I am also very interested in understanding if I could get the triangle of land back with the understanding/claim that it was acquired under false pretences, or illegally, or something. Do you have any advice?
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.
Customer: Hello. As you never owned this land I am afraid you can't seek to "reclaim" it under a claim of fraud etc. however, what you must do is (I) check the transfer of the house to you by the previous owner to see if there are any covenants protecting your property and applicable against this land and (ii) engage in the planning consultation and make representations against the development. You could also say to the owner that you will seek an injunction to prevent the development on the basis you will lose light to one or more of your windows. However, it is likely you'd not be able to prevent the development on that basis, but you might get some damages if loss of light can be proven. Hope this helps, WB
JACUSTOMER-esyhmp9b- : Hello, thank you for your reply. I think that you may have slightly misunderstood my question, however. I really want to know how I can legally check if the triangle of land that was part of my original house plans was 'properly' moved to the other plot. How can I do this? Can you simply chop off a bit of one property and add it to a bit of conservation land (that you also own) or do you need to somehow change the title deeds? If the latter, where can I check this gas been done ? Thanks for your help. Jeanette
Customer: Hello. No, it would all have been part of the same title. When she sold you the house and land, she could have sold part, thereby retaining the conservation land, or adding to it,vthereby splitting the land into separate titles and ownership. Does this make sense?
JACUSTOMER-esyhmp9b- : Hi, I guess that is probably what she did. How can I check this?
Customer: If you contact Land Registry, you can ask them to help you check the titles to both your land and the land in question. Alternatively, ask the solicitor who acted in your purchase to check your deeds to see if th seller split the land at that time. Best, ***** ***** don't forget to leave a rating or JA won't pay me for helping you.
Customer: Hello. Please don't forget to leave a rating.