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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10780
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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We are selling my parents house and 40 years ago a garage

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we are selling my parents house and 40 years ago a garage was built and it encroached on next doors garden. My dad gave the then neighbour a piece of land down the side of the garage. They sold the property 25 years later and advised the new owners of the arrangement and they were happy. The buyers solicitors of my parents house will not accept this they want the land transferring to each party which will take some time and the buyers have moved out of their property and I dont want to loose them. Is there some sort of insurance we can take out until the transfer is done

Hi, thanks for your enquiry.

Have you spoken to the neighbours to see if they are in agreement to signing the necessary paperwork? Are your Buyers having a Mortgage?

Kind Regards


Customer: replied 4 months ago.
they are having a mortgage and yes the next door neighbour is happy to sign

Thanks for your reply.

Firstly, there is no real insurance policy which can be taken out to cover this situation.

As your Buyers are having a Mortgage, their Solicitor owes a duty to the Mortgage Lender to make sure the title to the property is clear and not defective. Hence, if part of the land his clients are purchasing is not registered in your Father's name, this does need to be rectified before they can complete. So, I am afraid you will need to bite the bullet and sort out the paperwork.

Sorry this is not the answer you were looking for, but as it is in the best interest of the neighbour to get the matter resolved,I would hope all parties will act swiftly to conclude matters.

If I have answered your question, please would you be kind enough to rate my answer in the top right hand corner of your screen.

Kind Regards


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