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No money actually exchanged for sale of land, breach of contract?

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  • No money actually exchanged for sale of land, breach of contract?

    This is a complex issue; so I will write as succinctly as possible.

    The house I purchased in 2019 had part of the garden sold off in 2015.

    The previous owner had sold this land to his brother, who still lives two doors down. (They also own the house that separates us, creating one large garden comprised of 3 once separate gardens).

    I've since discovered that the land was sold for £90,000(!), though in conversation with the neighbour about the land; it was stated that it was given away due to the elderly owner being unable to maintain it.

    I do not believe this money was ever exchanged between these now, very elderly families. If this was the case, would I have any standing to reclaim it?

    It appears the correct channels were followed for the transfer, but I am very dubious of the cash exchange taking place.

    I should note, my research on this was triggered by them wanting to build a house on this land (not a property development).

    I am unable to upload the title register and plan, but I think the key part is probably this:


    B: Proprietorship Register
    This register specifies the class of title and
    identifies the owner. It contains any entries that
    affect the right of disposal.

    Title absolute
    1 (29.09.2015) PROPRIETOR: BLANK and BLANK of BLANK.
    2 (29.09.2015) The price stated to have been paid on 21 September 2015 was £90,000.
    3 (29.09.2015) RESTRICTION: No disposition by a sole proprietor of the
    registered estate (except a trust corporation) under which capital
    money arises is to be registered unless authorised by an order of the
    court.
    4 (29.09.2015) A Transfer dated 21 September 2015 made between (1) BLANK (Transferors) and
    (2) BLANK (Transferees) contains purchaser's personal covenant(s) details of which are set out in the
    schedule of personal covenants hereto.

    Schedule of personal covenants
    1 (29.09.2015) The following are details of the personal covenants
    contained in the Transfer dated 21 September 2015 referred to in the
    Proprietorship Register:-
    "The Transferee will within 28 days from the date hereof erect a chain
    link fence on metal posts on the boundary marked "T" on the attached
    plan between the land hereby transferred and the Transferors remaining
    property BLANK aforesaid and will thereafter maintain the
    said fence in good condition."
    NOTE: The boundary referred to is the eastern boundary of the land in
    this title.


    Ultimately I want the land to remain wild and not necessarily own it myself.

    Many thanks,
    Tags: None

  • #2


    The land was not included in the sale to you so there is no way you can REclaim it.
    It was never yours.
    It appears to have been transferred legally in 2015
    The price stated to have been paid is of no personal concern of yours, whether or not it was actually paid.

    All you have is the tittle tattle of a neighbour and the fact the people concerned were elderly..... so what?
    What illegality do you think might have occurred to make the transfer void?

    Comment


    • #3
      Thanks for such a swift reply DES8.

      The main contention was that if the sale was void by the non-exchange of money, does it create a grey area for land ownership?
      Perhaps my question should have been, does a land exchange with a stated value that went unpaid constitute fraud.
      I'm obviously no legal expert here and have no doubt my probing will make me seem foolish!

      Nevertheless, I appreciate the advice!

      (I will add that it wasn't tittle-tattle, I've spoken with the people directly involved, they're good friends which is why I wish to tread carefully)
      Last edited by ABrooklings; 29th December 2021, 17:32:PM. Reason: Context added

      Comment


      • #4
        Even if the transfer could be voided by one of the participants (which I doubt) you would still have no claim to it.
        If it was perchance rescinded by a court order that parcel of land would return to the original seller.
        Your contract did not include it.

        I just wonder why land, which was apparently gifted, was registered as being sold for £90.000.
        If fraud, who is defrauding whom?


        Comment

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