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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello Our home is a grade II listed building and when we bought

Resolved Question:

Hello
Our home is a grade II listed building and when we bought it from the previous owner they assured us that the old indenture document from 1731 would remain in the property. However it was removed by one of their children. The owner promised it would be returned however she then became ill and died.

What rights do we have to ask for the Indenture to be returned? It relates to the house - does it legally belong to us? I feel that morally it does but not sure if legally.

I have written a polite letter to the person who has it (who is also executor of the parent's estate) asking for it to be returned, in accordance with the original owner's wishes, but have not received a reply as yet.

If you could advise at all I would be very grateful.

thank you.
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi,

Is the property registered at the Land Registry?

Did the owner's solicitor confirm in writing that the indenture would be sent following completion?

Tom
Customer: replied 2 years ago.

Hello


Yes the property is registered at the Land Registry. I dont believe the indenture was mentioned in the correspondence between soilcitors, sadly. We were simply told by the owner (who is a kind of family friend) that it would remain.


 


thanks


 

Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.

You can only use under the sale contract if it was confirmed in writing that the indenture would form part of the documents to be supplied by the Seller upon completion. This is because only replies in writing between solicitors form part of the sale contract. Oral statements between you and the Seller are not enforceable under the sale contract unfortunately.

The Seller is contractually required to give you good title to the land of course, but if they have transferred the registered title to you then they have done that, so I can’t see that you have a contractual claim under the sale contracts.

If it was a simply statement that they would give it to you then I would not think this was enforceable either really, I could orally promise to give you £100, 000.00 but you would not be able to compel me to give it to you in a Court of Law if I changed my mind.

I think you’re going to have to go softly softly here for a bit longer. If it really is getting nowhere then you can get a solicitor to write a letter stating legal action will follow (as a bluff) it may be that this prompts them to delivering it but if it does not then I would not personally advise you to issue a claim on the basis of a mere promise.

Sorry it could not be better news.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6599
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 2 years ago.


Thanks very much. This is as I suspected but good to hear it confirmed. I agree, softly softly and use the moral highground perhaps on this!


 


thanks a lot

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