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,
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,
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