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Ask wingrovebuyer Your Own Question
wingrovebuyer, Solicitor
Category: UK Property Law
Satisfied Customers: 737
Experience:  I am a property solicitor specialising in English Property Law, mines and minerals, sporting rights and rural property.
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I am selling my property and 10 feet of my front garden was

Customer Question

I am selling my property and 10 feet of my front garden was not registered because the highways dept were not sure where the road was going to go. This was in 1972, but the road was put outside my boundary and since then This land has been part of my property, my solicitor has told me I cannot take out an indemnity policy because I asked the highways dept had an interest in this land and they said no. This apparently invalidates an indemnity policy being taken out. Everyone is ready to move but this is holding everything up. I have lived here with no problems since Dec 1996. 1. Just because I asked a question an indemnity policy is now not possible. 2. Adverse procession would take too long. 3. I am desperate to move have said I would do an affidavit but this is being ignored I now do not know what to do. 4 my solicitor wants to get the file from the Sol who acted for us when we bought the property but they are no longer practicing and to be honest I cannot see what good that would do as it is 19 years ago. I am a widow aged 72 and I want to move near my daughter and her family
Submitted: 2 years ago.
Category: UK Property Law
Customer: replied 2 years ago.
I need independent advice how I can settle this matter asap so I can move forward. There wasn't any problem when we bought nor has any of my neighbours who have the same title to their land there are 6 properties involved
Customer: replied 2 years ago.
We have all incorporated the land concerned which has been almost 43 years
Customer: replied 2 years ago.
Just to confirm when I spoke to the council I only spoke to the operator who went to the highways dept and they told me ring land registry, there was no mention at this time regarding taking out an indemnity policy. My solicitor has said now and I quote from her letter, the sale has become e trembly complex and these issues were not known about at the onset and this will have a considerable amount on costs. I cannot see why as it states regarding indemnity policies adverse procession indemnity that I claim ownership of land but not enough evidence to satisfy the land registry I must have occupied the land for 12 years but until a further 12 years has passed someone with a better claim could take the land so it is then necessary for an indemnity policy to be taken out for anyone purchasing the land. I have been here since 6th December 1996 and have had no bother at all, and the road was done in 1972, as were the the land registry documents, so it is a total of 43 years where people have claimed ownership of the land, so surely this is no big deal to incure considerable amount in costs. There was no problem when I purchased the property, we knew the boundaries were showing part of the garden was not included but after all of this time surely nothing will be done will be done. I am willing to sign a statutory declaration, but, my solicitor is now saying it is likely the purchasers will want a revaluation, this cannot happen as I have agreed to buy another property on their offer and cannot afford to take less. This is a nightmare, and I feel it should be the buyers solicitors making sure their clients purchase is ok, which she says the solicitor who acted for us when we purchased the property should have done. None of my neighbours have had this problem when they sold or bought, and I am feeling that my solicitor is making a mountain out of a molehill. This type of boundary problems must come up often otherwise there would be no reason to have indemnity policies in place. Thanking you in advance Jenny Wilde
Customer: replied 2 years ago.
My solicitor is also saying that this problem could cause a real difficulty with the sale, I have contacted you as I feel my Solicitor is not working with my interests in mind and although has given me a quotel regarding her costs is now saying it will cost considerably more! These problems must arise a lot of the time and her costs for selling and my purchase are quite high compared to friends who have moved recently.
Expert:  wingrovebuyer replied 2 years ago.
Hello. I am afraid your solicitor is probably right and only acting in the way she is because the buyer's solicitor will be making an issue out of this. In effect, there is part of your garden to which you have no demonstrable title - that is a problem for the buyer and possibly their mortgage lender as it is not a clean title. I think your best bet is to apply for adverse possession. This should not take too long, if your solicitor asks Land Registry to expedite matters. You could also offer to knock off say £5000 from the price, until the adverse possession is granted. This would then be paid only if the adverse possession comes through. In terms of an indemnity insurance policy, it is correct that these are generally not available when an approach has been made to a possible third party owner. However, this is not always the case, and some insurers will be more flexible, even if the policy may cost a little more. Either way, you will need to do a Statutory Declaration as to your use and occupation of the land. Your solicitor can arrange this. Best of luck, WB