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UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 6924
Experience:  English solicitor with over 12 years experience
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There was a mistake made by the conveyancing solicitors when

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There was a mistake made by the conveyancing solicitors when we sold our house in 2012. They admit this. It means that a corner of the garden which had a separate title deed is still in our names. Must we sign it over? If the purchasers solicitor starts a court case against us would we be able to sign over the disputed land before it got to court and would we be liable for any fees?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We just have the correspondence between the solicitors and ourselves
JA: Where is the house located?
Customer: In Sevenoaks Kent
JA: Anything else you want the lawyer to know before I connect you?
Customer: No


Yes, if the intention was that this piece of land was also being sold at that time and money was paid for it, a court could easily order you to sign it over or a court could make an order that the buyer be registered as the owner of the land. This is under S. 14 of the Trusts of Land and Appointment of Trustees Act 1996 as the law would treat you as holding the title on trust for the buyer.

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Customer: replied 8 months ago.
If a court case is brought against me, if I sign the necessary documents before the date set for the case will I incur any costs?

I would advise you to sign the necessary documents before any proceedings are filed.

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