Council Property Issues Mis selling

[pagan548]

Hi I need some advice here.

Its a long story so I will condense it the best I can.


In 2009 my neighbour built a conservatory which I objected to as it was only 26 inches from my side window and had a solid brick wall. I was passed by the planners.
This year I had another issue with them cutting all the hedges. I was told by a solicitor to have the boundaries defined and I employed a Rics surveyor. He confirmed they should not be cutting the hedge but the solicitor said it was de minimus and did nothing.
However I asked the surveyor to look at the boundary and he determined that the Conservatory was built on my land shown on my deed.
I went to see several solicitors for free advice and was told it would cost upward of 5K to try to recover the land and was so put off.
I wrote to the land registry this year and they informed me that the boundary was not as shown on my deed as they had registered the neighbours house first this was based on a deed plan held by my neighbour when they did it.
However they pointed out that the section of land on my deed plan was sold twice by the council firstly to my property then some eight years later to my neighbour.

I therefore felt a little upset and my conveyancing solicitor had not done her job properly that is in the hands of the Legal Ombudsman.
The Land registry has agreed to compensate me for the mistake that compensation is based on the devaluation of my property through the building of the conservatory on the land based on a mistake in the register.
They will not correct it as they say if I apply for rectification my nieghbour would object and they are in occupation and the chance of success would be very slim.
I am trying to get the council who made the mistake to put thing right and accept liability and restore my land which they should not have sold in the first place.
I am aware of time limitations but I only discovered this mistake in August. The council are considering compensation but are dragging their feet. I have told them the Land Registry are compensating me for the de valuation but not the land in question. Any advice welcome would the small claims be an option?

[enquirer]

Re: Council Property Issues Mis selling

II wrote to the land registry this year and they informed me that the boundary was not as shown on my deed as they had registered the neighbours house first this was based on a deed plan held by my neighbour when they did it.

The Land Registry may not actually have been at fault.

However they pointed out that the section of land on my deed plan was sold twice by the council firstly to my property then some eight years later to my neighbour.

Initial error by Council.

The Land registry has agreed to compensate me for the mistake that compensation is based on the devaluation of my property through the building of the conservatory on the land based on a mistake in the register.

If they were not responsible for the intial error (and there was no subsequent and additional error on their part), this is quite generous.

They will not correct it as they say if I apply for rectification my nieghbour would object and they are in occupation and the chance of success would be very slim.

This is probably true.

I am trying to get the council who made the mistake to put thing right and accept liability and restore my land which they should not have sold in the first place.

This is completely unrealistic. Compensation is the only viable option.

The council are considering compensation but are dragging their feet.

They are probably hoping that you will give up and go away.

I have told them the Land Registry are compensating me for the devaluation but not the land in question.

This is the stick to beat them with.

The devaluation and the land are one and the same. The land (houses are part of the land), is devalued by virtue of the fact that there is rather less of it than there ought to be.

If they continue to drag their feet, threaten to sue them. With all the evidence that you have (surveyors report, conflicting deeds, Land Registry admission, correspondence and compensation), this should be relatively straightforward.