Boundary agreement v TP1

Re: Boundary agreement v TP1

Postby arborlad » Thu May 18, 2017 10:04 am

megabunny wrote:When we bought the house off the county council it was conveyed without the stables ( now disputed boundary ) showing on the conveyance plan even though it existed. We later had some more land transferred to us from the council ( which had nothing to do with stables) in another title and behold the stables are shown on the this plan with the red boundary going through the middle of the stables. We questioned this at the time but the council solicitor said he couldn't do anything about it because it is how the LR show the boundary.



I find the solicitors response to be a bit odd, if a whole building is being conveyed then the outer edge of that building will be contained within the red line.
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Re: Boundary agreement v TP1

Postby MacadamB53 » Thu May 18, 2017 10:25 am

Hi megabunny,

on what lawful grounds / case law /practice law does the purchaser's solicitor have to not complete the conveyance on the basis of boundary agreement AP1 registration?

on the grounds that that is what they've been instructed by their client.

Kind regards, Mac
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Re: Boundary agreement v TP1

Postby megabunny » Thu May 18, 2017 12:15 pm

Let me make one thing clear here.

The reason we are in this situation is because of solicitors. They made our conveyance and registered it. If I could sue them I bloody well would.

I relied on solicitors to make a solid conveyance and they buggered it up. This has only become a realisation when we came to sell our house.

Furthermore, there hasn't been a boundary dispute only a boundary agreement. And saying that a solicitors opinion is "enough on its own" sounds to me like solicitors' inflated opinions of themselves playing god.

You lot got me into this mess , I'm asking how to get me out of it?

Many thanks
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Re: Boundary agreement v TP1

Postby megabunny » Thu May 18, 2017 12:21 pm

Hello again Mac

Thanks for your reply.

on what lawful grounds / case law /practice law does the purchaser's solicitor have to not complete the conveyance on the basis of boundary agreement AP1 registration?

on the grounds that that is what they've been instructed by their client.

Kind regards, Mac

Mac

I can tell you that there client has instructed their solicitor that they are happy to proceed on the basis of the boundary agreement alone but they won't do it. They've even offered to sign a caveat drawn up their own solicitor absolving them of any come back!
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Re: Boundary agreement v TP1

Postby mr sheen » Thu May 18, 2017 2:03 pm

Solicitors act in the instructions of clients so your buyers are in charge not the solicitor. The solicitor then provides advice that the client can choose to ignore or not. If your buyers truly wanted to take this matter on, they could instruct their solicitor to go ahead anyway or change their solicitors....unless this matter is more complicated than you believe. However their solicitor will have advised that they are likely toface the same issue when they come to sell. Ex local authority properties frequently have issues and solicitors are wary of them and ensure that their clients are fully aware of all issues and the implications of them in order to cover themselves.

However you describe the matter, the documentary evidence indicates an issue.
You could consider dropping the price due to this unforeseen complication so that the buyers can engage a solicitor who will proceed or they may then assertively instruct their solicitor to complete.

The buyers may be seeking a way to back out but want to use this as an excuse, or, they may be concerned about resale, or...any other reason....everyone says all sorts but knowing what is really going on can never be truly ascertained because no-one can read minds.
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Re: Boundary agreement v TP1

Postby megabunny » Thu May 18, 2017 2:35 pm

Hello Mr Sheen

Thanks for your input.

My purchasers truly want to buy our property and I have no need to drop the price as they are already seeking a second solicitor's opinion as of this morning.

They have as I already said, asked their solicitor to complete on the basis of the boundary agreement as it is and have offered to sign a drafted statement to absolve them of any come back.

Our purchasers require a mortgage and the lender has said they will release the funds as long as the solicitor is 'happy' with the title. Unfortunately for their client and for me they have said they will not proceed unless the lender agrees that they themselves are happy with the title, thus putting the onus on the lender not the solicitor.

I see this as a conflict of interest as the solicitor is not acting on behalf of the client or the lender but for themselves????

Here lies the impasse.

The land Reg are happy that the title is good for conveyance ( but cannot get involved or give legal advice), the client wants to go ahead and will sign away any come back against the solicitor. But the Solicitor won't convey, stalemate.

I'm hoping that the second solicitor will agree with the LR that the title is good and convey?

Any further advice would be welcome?
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Re: Boundary agreement v TP1

Postby Collaborate » Thu May 18, 2017 8:01 pm

megabunny wrote:Let me make one thing clear here.

The reason we are in this situation is because of solicitors. They made our conveyance and registered it. If I could sue them I bloody well would.

I relied on solicitors to make a solid conveyance and they buggered it up. This has only become a realisation when we came to sell our house.

Furthermore, there hasn't been a boundary dispute only a boundary agreement. And saying that a solicitors opinion is "enough on its own" sounds to me like solicitors' inflated opinions of themselves playing god.

You lot got me into this mess , I'm asking how to get me out of it?

Many thanks


I would think carefully before you apportion blame.

How much did you pay your solicitors? Did it include a site inspection by the solicitor? Chances are overwhelmingly that it did not, and that they sent you the plan and asked you to confirm that it is in accordance with how it looks on the ground and what you think you will be buying. If you told them it all looked good, and it now appears it did not, you may be to blame.
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Re: Boundary agreement v TP1

Postby Collaborate » Thu May 18, 2017 8:03 pm

megabunny wrote:
I see this as a conflict of interest as the solicitor is not acting on behalf of the client or the lender but for themselves????



If the buyer's instructions are to proceed against the solicitor's advice they are duty bound to inform the lender, who will instruct the solicitor on their own (paid for by the buyer). The buyer will instruct new solicitors but they won't get the mortgage without title being good enough for the lenders, which it won't be if their solicitor advises against it.
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Re: Boundary agreement v TP1

Postby arborlad » Fri May 19, 2017 6:37 am

megabunny wrote:Here lies the impasse.

The land Reg are happy that the title is good for conveyance ( but cannot get involved or give legal advice), the client wants to go ahead and will sign away any come back against the solicitor. But the Solicitor won't convey, stalemate.

I'm hoping that the second solicitor will agree with the LR that the title is good and convey?

Any further advice would be welcome?




Can you have the boundary determined?..........you have all the elements in place to allow it to happen.

A surveyor could be on-site today and subject to any complications could have a plan and relative signed statements in place by the end of today with an interim statement for anyone that needs it.
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Re: Boundary agreement v TP1

Postby megabunny » Fri May 19, 2017 12:41 pm

arborlad wrote:Can you have the boundary determined?..........you have all the elements in place to allow it to happen.

A surveyor could be on-site today and subject to any complications could have a plan and relative signed statements in place by the end of today with an interim statement for anyone that needs it.


Thanks for the positive input.

This morning I have received some good news direct from the purchaser. Their lender had sent the title to a surveyor for evaluation and the opinion is that the title and agreement are good. They also say that the stables have no material effect on the value of the property as a whole.

What I take from this is that despite the purchaser's solicitor's "reservations", as a lender they see no reason why the property shouldn't return their money in the event of a default on the mortgage.

It is up to the buyers and their solicitor to sign whatever agreement their solicitor drafts to absolve their practice of any future comeback in the event the boundary raises its ugly head again.

That's my understanding of the current position and we are expecting to exchange contracts next week.

Thanks to all who have contributed.
Regards
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