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Land Registry includes Land Under Garage, Garage sold years ago. Who owns it?

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  • Land Registry includes Land Under Garage, Garage sold years ago. Who owns it?

    Good afternoon all!

    I need to dig out all the documentation, which was scant, and from googling around various places , I can't find any straight answers, so if anyone has any advice for the following, it'd be appreciated, as I'm in a bind as to what to do.

    Facts -

    Between three properties, there is an associated garage block with three garages.

    At some point ( I can't find the point in time the sale was agreed ) the garage belonging to the property I'd purchased was sold to one of the other properties, who knocked through a wall and converted it to a double garage.

    On the land registry for both properties, the boundaries remain intact I.E. Each of the three properties has the single garage clearly demarcated upon the document, with no new boundaries set for either of the properties.

    The questions / doubts -

    If the boundaries are still intact on the Land Registry - does this mean the freehold for the land ( and the associated liability for maintenance of drive / land ) still attached to the original property.

    Does this fact affect the value of the property etc. , and should it be something I get ironed out prior to selling the property?

    If I were to claim ownership of the garage itself ( given there is no reference to this in titles etc ) - would there be a solid case for doing so? ( I'd rather not, but am concerned that it may affect the mortgage / re-selling the property - we're looking to upsize upon a new addition to the family! )

    Should I approach the 'owners' of the garage and suggest they purchase the freehold also? It seems rather shortsighted of those originally selling it that they didn't include this.

    My main concern is if I raise this, I'll have some sort of neighbour dispute, or worse, have issues with mortgage lender and or selling the house in the future ( when we've finally saved to move somewhere bigger )


    Thanks in advance for any advice offered.


    Tags: None

  • #2
    Hi and welcome.

    When you say the "boundaries remain intact " presumably you refer to the site plan?
    Has the title document been amended to note the sale of the garage?

    Presumably some time past the garage was sold (either freehold or a lease) and land registry not updated because it was a cash sale between neighbours.

    If the current "owners" have no paper work you might be able to enforce a claim, but it would come at a cost (in stress if not cash!)

    If you purchased your house with a mortgage, are the lenders aware of the situation, or do they believe the garage is part of your property?
    If that is the case it might cause difficulties if you were to now sell or transfer the garage to the current owners.

    You might have to sell your house minus the garage, to a purchaser and simultaneously transfer (either FOC or for money) the garage to the current owners

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