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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 8017
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Several years ago my sister and I purchased land adjacent to

Customer Question

several years ago my sister and I purchased land adjacent to my house with a tenants in common agreement.
At the time my sister agreed to give a small area of this land to me for extra garden space.
We employed an architect to draw the new plans and bounderies, to submit them to Cornwall council for siting a mobile home within this garden space.
Is this extra garden space legally mine? Would this have automatically gone to the land registry and if not, would this have been the architects responsibility?
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

If you did not instruct a solicitor to draw up a transfer of this land, execute it and then get the solicitor to apply to land registry to update the legal titles by registering the transfer the no changes will have been made.

Essentially if the garden area formed part of the land that you and your sister bought together then this would remain the case, in that the land registry title would still show that you each own the land together as tenants in common.

An architect would not be responsible for drawing up the land registry transfer to transfer the land to you, or at least it would be very unusual for them to agree to be responsible for it so it’s highly doubtful that they would have been responsible for it.

This means that if you want to now clarify the ownership of it then you and your sister would have to instruct a solicitor to draw up the transfer and the attend to execution/registration of it at land registry. If there is a mortgage on the land then you would not be able to do this without the lender’s consent.

Sorry I could not have better news for you but it’s important for you to understand your position.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 1 year ago.
Thank you for your clear and honest reply. As you have probably realised there is a complicated dispute going on between my sister and myself. Planning Permission was granted for this mobile home to be sited on this parcel of land on the understanding that it was my garden, not part of the 6 acres of agricultural land which we purchased, My sister has lived in this mobile home over the past 11 years. Services were all linked to my house ie electricity/sewage etc.her post came to my door and she used my drive way for access. Does this help my case at all in proving it is my garden legally? Or on the other hand could this cause a problem in giving her any rights.
Expert:  Thomas replied 1 year ago.

Hi,

The land is not really regarded as solely yours at this moment in time because you appear not to have executed a land registry transfer with your sister transferring the land to you. At the moment you have equal rights to the land itself. However, if you yourself bought the mobile home then the home itself may be regarded as yours even if the land is regarded as being owned jointly between you.

I think you are at the point where if you are in dispute then you need to gather up what evidence you have that you had an agreement that the land would be transferred to you and book a consultation with a local solicitor, who can then have access to the specific fact and document so can offer a full informed opinion.

Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 1 year ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom