quercus

lol pumpkin blossom!

This is a good point which we gave some thought to before we went.

We decided to hide the stuff left with a false wall. Because the house is a conversion of an old Victorian school, the loft has several sections divided by beams so it was a simple matter to board a section off, which we disguised by putting a couple of shelves up with paint pots on. Anyone accessing the loft would not know, and plenty of loft was left for tenants. Unfortunately, when the weight cracked the ceiling, we were 'busted'! The builder had to take the partition down. I have been lucky with my tenant though. Not only does she not use the loft, she also doesn't use the disputed clothes drying area behind the garages. It could have been embarrassing for me, I would probably have had to reduce the rent if she had made a fuss.

quercus

Hi Dugong, you sound like you know what you are talking about.

I have a copy of the transfer plan that I ordered online, as you say. This plan is incorrect though. It does not include the outlined area behind the garage that went with the house, although it does seperate the garage from the sale. That being the case, I don't see how Land Registry can help me further.

My original solicitor told me he would send the correct information to LR when I told him it was wrong. This is the last I heard before I was told he had retired.

I have just had a thought. I have a large nephew living in Manchester where the solicitors have their office. Maybe they will sit up and move a bit faster if I send him in to sort it out.

dugongs

oh ok. problem with all this is the transfer would have been signed by both parties and that confirmed the attached plan. you would need some evidence that the transfer deed was incorrect such as pre sale contract or other paperwork. if not when things get heavy solicitor will just deny all knowledge and say well you signed the transfer and no doubt produce a letter sending you the transfer deed for signing saying please check carefully etc etc.

sorry to sound negative but this is a your word against them unless you have something to hang your argument on. try and get something before you go to the ombudsman. good luck hope you find something to resolve this.

quercus

I can't believe I would have signed the incorrect plan. I never sign anything like that without reading, and I do remember checking the plan. Perhaps I will talk to the Land Registry and get them to check who signed the plan, or maybe the incorrect plan was attached somehow.

Thanks for all the help dugongs and everyone else.

Le Loup

Get yourself a NEW solicitor, a GOOD one.
Regards, Le Loup.

quercus

Ha ha, if only we could know before we instruct them!

Maybe we should start a name and shame thread and vote on the solicitors we have used.

pumpkin blossom

And finding a good one in Manchester is especially hard!

moneypenny20

He was attempting to be clever because the person he quoted made a typo

formula

Not true I'm afraid. The tenant is entitled to "quiet enjoyment" and does not have to give you access to what is now their home. You could always ask them nicely?

If the tenant goes on to moneysavingexpert.com they will be told this and no doubt also asked if their landlord has given them a uk address or has a letting agent - without which, they don't have to pay the rent.

quercus

Thanks formula, you certainly know how to cheer a person up! They have my daughters UK address as my agent so that should be covered.

quercus

Well well! I have a reply to my cage rattling that sounds like they are trying to be helpful at last! I am quoting below:



The property had an unregistered title. It was described by reference to a Conveyance of 6 September 1978 as varied by a Deed of Exchange of 13 May 1980. The Deed of Exchange related specifically to the small plot in question. We have copies of the necessary plans on our file. There was no plan on the actual Transfer to you.

The Estate Agents description of the property refers to “an area behind the row of garages suitable for a bin store or space for a rotary washing line”.

It is unlikely that you have any documents which could be helpful so that there is no point in your travelling back from Australia .

To protect your position we have now applied to register a notice against the piece of land and will keep you advised.

End of quote.

I think this is telling me that we don't have any proof except the estate agents description. Am I right? Why wasn't a plan attached to the registration as it was a variation of the original I wonder.

I am pretty sure the other party will contest this.

formula

Sorry. They know their stuff on moneysavingexpert.

Sammy T

Hi

When we rented in the UK, we had to sign a tenancy agreement which stated that given sufficient notice we had to allow the landlord (or his representative, eg the agent) access for maintenance, inspections or "other visits deemed appropriate or reasonable"

I would have thought that most reasonable tenants would consent to the owner returning to collect items from the attic.

Didn't know about the UK address bit though!

Sam

formula

Hi

It seems that the tenant does not have to agree with visits even it if is written in a contract, unless it is a true emergency ie gas leak, flooding, according to the following link. I do know that you can't take away someones legal rights in a contract.

http://forums.moneysavingexpert.com/...html?t=1314155

Cooperclan

Hi,
From the limited information it would seem that your solicitor appears to be doing the only thing really available to protect your interest in the plot of land. As the property was unregistered when you purchased it the small plot of land is also likely to be unregistered. The notice will no doubt be against first registration by any third party. Meaning that If someone tries to make a claim for ownership of the land through Land Registry, you or your solicitor will be notified. At that stage it will be for the land registry to decide (on the basis of evidence presented by you and the person attempting to register the land in their name) who has the better claim to title to the land. There are so many factors to be considered it is impossible to discuss them here especially without sight of any of the documents. Anyway, The land will then be registered in the successful applicants name. If your evidence is deemed to be better than the third party's the small plot will probably end up being included in the title to your house.

Hope that is of some use.

Best of luck

Anne