Parking Space Problem

Re: Parking Space Problem

Postby MacadamB53 » Fri Oct 02, 2015 2:37 pm

Hi sheila,

the man I bought it off agreed that I could put paving down and have it as a car parking space.

yes, but why would he say this if was going to be your land?

this reads much more like him giving you permission to use some of the land he was retaining...

Kind regards, Mac
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Re: Parking Space Problem

Postby sanctury » Fri Oct 02, 2015 2:58 pm

Sounds like the neighbours have admitted they were told the space was yours when viewing the house, so surely they agreed to buy the house on that basis, and it was only when they viewed the plans they saw it was different.

Why didn't they simply bring this to you first? rather than go on the attack like they did? Its quite clear they know they are morally wrong but are simply money grabbing fools.

Surely unless they now lie in court they will have to agree they bought the house with the understanding the wedge was yours, and therefore they should just leave it alone.

People theres days, they would rather fight over a small plot of land and loose all credibility than discuss it and admit they were wrong.
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Re: Parking Space Problem

Postby MacadamB53 » Fri Oct 02, 2015 3:31 pm

Hi sanctury,

Sounds like the neighbours have admitted they were told the space was yours when viewing the house

true

so surely they agreed to buy the house on that basis

how do you figure that one?

and it was only when they viewed the plans they saw it was different

viewing the title plan and register entries typically takes place before you buy, which means they bought knowing the wedge was included...

Kind regards, Mac
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Re: Parking Space Problem

Postby sanctury » Fri Oct 02, 2015 3:52 pm

From what the OP said here:

sheila3 wrote:The neighbors have admitted (although not in writing) that when they viewed the house the estate agent told them that the fence formed the boundary and the parking space belonged to me and it was only after they bought the house they realized the plans showed different.
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Re: Parking Space Problem

Postby MacadamB53 » Fri Oct 02, 2015 4:03 pm

sanctury wrote:From what the OP said here:

sheila3 wrote:The neighbors have admitted (although not in writing) that when they viewed the house the estate agent told them that the fence formed the boundary and the parking space belonged to me and it was only after they bought the house they realized the plans showed different.
that is the OP's recollection of a casual conversation - the neighbour has a solicitor who will confirm he showed them the plan prior to sale.

Kind regards, Mac
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Re: Parking Space Problem

Postby Roblewis » Fri Oct 02, 2015 7:37 pm

Macadam

What you say is true but will their solicitor be able to confirm there was a clear discussion re the wedge of land? My guess is the usual conveyancer act of passing across the desk without comment took place. But if the wedge is on the title deed plan of the neighbour then the OP will struggle
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Re: Parking Space Problem

Postby mr sheen » Fri Oct 02, 2015 7:52 pm

With the piece of land on the deeds of the neighbour, the neighbour and his solicitor have nothing to prove. the deeds speak for themselves in that the land in question was transferred to them.

The OP has to prove that despite the transfer and the registered title, the land should be hers...and she is also up against protocols such as transfer should be in writing and has to convince people that land belonging to a stranger was 'gifted' to her. Giving away pieces of land is pretty difficult to do even between relatives let alone strangers since it can be seen as Tax dodging or fraud? Who gives land to a stranger?...and fails to record it????
The OP has to convince someone possibly a Judge or LR that they should ignore all legal documents, protocols, tax liabilities, probate legalities etc etc...and accept that a deceased person gave a patch of land to a complete stranger.
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Re: Parking Space Problem

Postby Collaborate » Fri Oct 02, 2015 8:50 pm

mr sheen wrote:With the piece of land on the deeds of the neighbour, the neighbour and his solicitor have nothing to prove. the deeds speak for themselves in that the land in question was transferred to them.

The OP has to prove that despite the transfer and the registered title, the land should be hers...and she is also up against protocols such as transfer should be in writing and has to convince people that land belonging to a stranger was 'gifted' to her. Giving away pieces of land is pretty difficult to do even between relatives let alone strangers since it can be seen as Tax dodging or fraud? Who gives land to a stranger?...and fails to record it????
The OP has to convince someone possibly a Judge or LR that they should ignore all legal documents, protocols, tax liabilities, probate legalities etc etc...and accept that a deceased person gave a patch of land to a complete stranger.


Sorry, but I really must disagree with what you've posted. Talk of having to prove there was a "gift" is plainly wrong when the property was purchased for full value.

Rectification of the register is nothing unusual.

OP - take a look at this which explains the rectification process https://www.gov.uk/government/publicati ... -indemnity
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Re: Parking Space Problem

Postby mr sheen » Fri Oct 02, 2015 9:01 pm

Rectification is straightforward where the deeds of transfer differ to the registered title or when both parties agree there has been a mistake. In this case the deeds and registered title talley I believe in that the piece of land was not transferred to OP at point of transfer.
If there is an objection by the neighbour, a tribunal or court adjudication will be required in which case the OP will have burden of proof.
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Re: Parking Space Problem

Postby MacadamB53 » Fri Oct 02, 2015 9:02 pm

Hi sheila,

"It should be borne in mind that there is a distinction between a mistake in the register and a mistake in a deed submitted to Land Registry for registration."

I've lifted that very important sentence from the introductory section of the guide posted by Collaborate.

it is followed by:

"This guide relates only to altering mistakes in the register."

I thought it would be in your interest to flag this up given we are discussing the possibility of a mistake being made in a deed (when the bit about the extra land got missed off the deed) rather than HMLR making a mistake having received a deed which shows the land was included - I didn't want you to read the guide and think it was all relevant to your case.

Kind regards, Mac
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Re: Parking Space Problem

Postby sheila3 » Mon Oct 05, 2015 2:37 pm

Hello again,
The nephew has written me a letter and I took a copy round to my neighbors, I have to be honest and say they were quite alright with me. They accept that when they discussed buying the house with the original owner they didn't think the 'space' was included and only realized when they were looking at the plans for their extension but they are adamant that 'legally' the land belongs to them. I talked to them about rectification and they said they would talk to their advisors about it but they would want to include covenants allowing them to build up to it (the parking space).

Anyway thank you for the advice you have given me on here I feel a lot better about things now.

Sheila
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