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Boundaries/Land Registry/Garage - HELP!!!!!! (Read 12075 times)
tm1978
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Boundaries/Land Registry/Garage - HELP!!!!!!
May 2nd, 2007 at 11:33am
 
Hi
I'm not sure how to start this topic and to be honest, I'm not entirely sure what I'm talking about so I'll start from the beginning.

My husband and I are selling our house, we are moving to a new house very soon (well supposed to be). The person that has bought our house, bought via a private sale as we did with the house that we are going to. Everything has been going smoothly and we had all planned to move around the 25th of this month, however a HUGE red flag has been raised regarding our property (the one that we are currently in), the problem is with our Garage. The Garage is NOT attached to the house, in fact its around the back of the house with other garages. The area at the back is a shared area. Our solicitor has come back to us this week saying that there is a major problem with the land registry (which has only come into effect in the last year where I live). It is showing that the garage is in the wrong place. He has re-done the plans and sent it off to the land registry people on Monday, so they are hoping for a reply back to that by the end of the week. They are almost positive that the land registry people are not going to accept these changes, so have absolutely no idea what to do. The guy who is buying our house, his solicitor also picked up on the problem too. Between the two solicitors, they have no clue what to do between them. I'm at my wits end because the woman who we are buying from needs the money so she can buy the house that she is moving too.

We have no idea how long this problem will take to sort out. Not moving out is not an option for us, our house is a 3 storey house with no garden. Our new house is fantastic with a lot of ground. Our little boy needs the freedom and safety to run around. We've also packed most of our stuff away.

I can't stop crying, I can't sleep, I can't eat. How can this problem be sorted? Why don't either solicitors know how to resolve the matter, can the matter be resolved? Can we change the title deeds to not include the garage and we can sell the house without the garage. Its so annoying, there is nothing wrong with the house, there is no issues there and the person buying it is buying it for that reason, not because of the garage.

Can anybody give me advice. I know I've waffled but I'm truly beside myself.
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tm1978
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Re: Boundaries/Land Registry/Garage - HELP!!!!!!
Reply #1 - May 3rd, 2007 at 4:40pm
 
There has been a turn of events since yesterday.  Bascially what is being proposed is that I contact all my neighbours in the area (there are 8 of us) and tell them the situation.  My solicitor will send them a letter asking them through their own solicitors to agree to changing their title deeds to accomodate where the garages are now.  It turms out that all our garages have been built on a public path.   The contractor that built the garge built them in the wrong place, so my solicitor is contacting them to tell them the situation and that they are liable for costs.  (The contractor in question also uses the same solicitors that we are dealing with).  Not sure if the neighbours will be a problem, but if they know its at no cost to them and that this is in their best interests too (as they won't be able to sell their house if they do not accept).

Now I'm worrying that the contractor in question will not agree to this, obviously its their fault but because my knowledge on this subject is extremely limited I'm not sure what can be done to correct this situation.

Any bits of advice will be extremely appreciated.  I've had two nights of no sleep at all - I'm at my wits end.
PLEASE HELP!!!!!!!!!!!!!!!!!
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Re: Boundaries/Land Registry/Garage - HELP!!!!!!
Reply #2 - May 3rd, 2007 at 5:18pm
 
Hi TM1978
Just to set your mind at ease, your solicitor is already doing everything to resolve this properly, it is unfortunate but problems like these crop up quite often during house sales (it really is the only time title deeds are examined) and unfortunately with to-ing and fro-ing between solicitors, the land registry etc it can seem that nothing is being done. Contacting your neighbours is a sensible idea as it would appear that all the houses will suffer from this defect regarding the garages and as you say it is in their interest to get this sorted. I can't give you an adequate forcast of how long this will take, but your solicitor acting for you should be able to.

As for the contractor not been keen to pay for the titles to be done properly, you could also look to the firm you used to buy the property (they missed this problem on their examination).

I know this isn't especially helpful and moving (especially when problems occur) is always stressful.
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tm1978
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Re: Boundaries/Land Registry/Garage - HELP!!!!!!
Reply #3 - May 4th, 2007 at 4:53pm
 
Hi Norse_mann
Thank you so much for replying to me.  I've contacted all the neighbours and they are all very much willing to get this problem sorted.  My solicitor is now getting in contact with the firm that built the houses and garages and all my neighbours solicitors.  Our solicitor has told us that best case scenario this can be solved in a matter of weeks, worst case scenario is 6 months, which would be worst case for us as this would involve taking out a loan to pay for the other house and then still paying the mortgage on this house (thus paying two mortgages, which lets face it, who can afford to do that - especially when you have children).  I assume he's saying 6 months should this matter have to go to court.   In saying that, myself and my husband may cough up the money for everybodys title deeds to be changed and we will fight with the contractor for however long, that may sort the problem of having to take out the loan and we can get the gentleman buying our house in.  Do you have advice on what you think is best?  The easiest solution personally for us would be to pay for everybodys and fight with the contractor for however long to get our money back.  The loan for us, is the last resort.
Your advice would be greatly appreciated as you seem to know a heck of a lot more than me.
Thanking you kindly.
TM1978
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Re: Boundaries/Land Registry/Garage - HELP!!!!!!
Reply #4 - May 9th, 2007 at 3:24pm
 
My only view on what would be best, would be for you to only worry about getting a good title to your own property and selling it, it is very altruistic of you to want to help your neighbours out but at the end of the day they'll have to get it sorted themselves if they want to sell their houses in the future.
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