conveyancing/house-buying question

courtmed

just posting this on the off-chance that there is a solicitor on here or someone who's gone through a similar situation themselves. we've got a mortgage in place & had an offer accepted. solicitor has been applying for searches when they came back & told us that the brick shed/outbuilding at the bottom of the garden is only half on our land :oops: this is what the seller said after speaking to the land registry

They have advised we have two options, the first is to submit an application for an adverse possession order, which would enable a separate title deed to be provided for the unregistered land. Our only concern is that this can take between 60-70 working days - a delay we are desperate to avoid however appreciate if it is necessary then we will not have an option. The second is to arrange a statutory declaration in support of the possession order (as we have the term of tenancy required) and purchase an indemnity policy enabling the purchasers to submit the possession order at a later date.

so yeah, waiting 60-70 working days is not what we want to do. but if it's that serious we'd rather wait & get it sorted than look at other houses or anything like that. any advice would be much appreciated

Matthewfalle

Why don't you ask your solicitor - i.e. Someone who knows all the facts and has possession of all the documents and actually knows where this house is - instead of a bunch of random people on a bicycle forum.

Just sayin' .....

surrey_commuter

Just knock the cost of rebuilding it off your offer. The cost must be insignificant compared to the cost of the property.

Frank Wilson

Matthewfalle wrote:

Why don't you ask your solicitor - i.e. Someone who knows all the facts and has possession of all the documents and actually knows where this house is - instead of a bunch of random people on a bicycle forum.

Just sayin' .....

You can't argue with the obvious!

dinyull

Surrey Commuter wrote:

Just knock the cost of rebuilding it off your offer. The cost must be insignificant compared to the cost of the property.

This^

Get a quote for knocking it down and re-building and then knock that price off your offer - explaining the time and effort it'll cause you too.

Then, when you move in have a word with the neighbour, explain the craic and see if you can agree something where you can keep it.

Your in a good position because the seller won't want anything to hold up the sale.

sloppyschleckonds

Just take out the indemnity ffs

team47b

Set fire to the shed, smash it with a hammmer and throw it into the neighbour's garden...oh wait a minute it's already in the neighbour's garden

Matthewfalle

team47b wrote:

Set fire to the shed, smash it with a hammmer and throw it into the neighbour's garden...oh wait a minute it's already in the neighbour's garden

Throw it into the other neighbour's garden after hitting it with a hammer and setting fire to it with fire. I'm presuming he will have neighbours on both sides as if he was buying a stately pile he would pay his beak £50 to find out the answer and not post on a bicycle forum.