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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
Do you know if the 40 foot of shared garden is owned as part of the title to the property you are looking at but is subject to third party rights as you describe or is the 40 feet of garden owned by someone different entirely?
I am not sure about that as yet..
If the 40 feet of shared garden is owned as part of the title to the property but subject to third party rights what does this mean?
You will need to obtain a copy of the property title. One will be supplied by the sellers solicitor if you go ahead to purchase but if you wnat to find out sooner you could either ask for a copy of the title and plan or you can obtain a copy yourself for £3 from the Land Registry.
You can enter the address of the property and download a plan which will show you the extent of the garden owned by the title.
One of two scenarios will be the case. Either the 40 ft of garden will be owned with title to the property but will be subject to third party rights for neighbours or the 40ft of garden will be owned by another person and you may or may not benefit from rights to use the land.
In either event it would not be possible to build on the 40ft of land if third party rights exist. It is only possible to build on the land by the owner if it is free from third party rights.
Thank you for the link and information. Ok. I see. So for example, if the 40ft of land is owned by someone else could they in theory build on that land in the future?
In terms of maintenance you will need to find out what rights or customs are in place for maintaining the land so it does not become overgrown. This may be provided for in the property deeds or it may be based on custom between the neighbours. THe former is better but the latter can be sufficient providing arrangements appear adequate in practice.
If the land is owned by someone else you would need to check that your property benefits from a right over the area. If you do then it cannot be built on without your consent. If you do not then it is potentially possible and you will need to factor this in when deciding your offer.
The rule is questions questions questions. If you ask a question and it is answered dishonestly then you can sue for misrepresentation. If you don't ask though they do not have to tell. Ensure you get answers to any important questions in writing through the sellers solicitor or you will not legally be able to rely on the information if it comes from any other source though there is no problem asking verbally initially.
I am just about to step into a meeting - is there anything else I can help you with before I go. I will be back later if needed
No thank you very much. This has been most informative and helpful.
If I can assist any further as the situation develops please do not hesitate to revert to me
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I have just had a quick look at the title and plan
It says that
The land has benefit of the rights granted by but is subject as mentioned in a Conveyance of the land in this title dated 2 feb 1953 between vendor named and purchaser named
I'm a little confused as to what this means...
I will need to see the title document in order to comment. Are you able to upload it?
Yes. give me a minute
Sorry, I am having trouble uploading it...
No. Unfortunately, I am having trouble uploading it
It is possible for us to communicate by email if this would make it easier. This site treats this as an additional service and therefore a fee will apply but I can set the fee at the minimum which is $5 (about £3) - the site is US based though I am in England. Would this be helpful?
Sorry still trying to upload it..
Yes. This would be fine.
Certainly. I will create something called and Additional Services Offer which should come up on your screen in a few moments. Once the offer appears, you need to click the button to say you accept and it will take you through the payment steps - don't worry that it will tell you the chat will end - we will not be disconnected. You will leave the chat window (the thread above will be saved) and go to a new page where you can imput your email address so we can communicate by email. Only we can see each others email addresses. You can then either return to the thread to continue or send me an email - if you can do the latter with the document I can look at it and come back to you.
May I proceed?
Hi. I am not sure what happened as no payment page came up and it said page not displayed..
Oh dear. I am sorry for the inconvenience. If you click on the "My account" link on the site you should find a link to the "additional service" I sent there.
That's ok. I'll try that now.