Q:Bit complex this and solicitor is looking into the whys and wherefores.

Son of work colleague bought repossessed house and also piece of land behind house.
When he moves in the neighbour informs him that he has bought piece of land behind (where a lot of people on road have put garages etc)
Buyer and solicitors have docs to say that they have bought both house and land (two land registry entries)
Next door neighbour states that previous owner sold land to them in December when land was under notice that house was to be repossessed and they gave it up voluntarily (according to selling agents) It was "done properly" apparently.

Land registry have notice that application was put in on 7th Jan to transfer property but not gone through as there are charges on both house and land. Not sure if this could have been to take previous owner off entry as final court hearing was late December.(also not sure if house has matching entry) There are multiple charges on both land and house.

So has previous owner done dirty on neighbour and sold him land that wasn't his to sell?
Has new buyer thought he had bought land that actually bank didn't own? If so where would he stand with regards to comeback. Listings and HIPS certainly listed land as being for sale together with house

Any thoughts would be appreciated

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Registry Easy – #1 Converting Registry Cleaner & System Optimizer
A:I've heard this happen a few times now, don't worry your son is in the clear it will be the neighbour that ultimately looses out as it is unlikely he will get any money back (back of the queue!) Get more info on repos & land here: repossessions (http://www.repossession-stoppers.com) and land (http://www.land-deals.co.uk)

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Registry Genius – 1# paying Registry Cleaner
A:Cheers, seems to confirm my feelings that ex owner knew he was going to get kicked out and thought he would make a buck. Either he didn't know he couldn't sell the land or he did know and he thought he would shaft his neighbour because he needed the cash.
The bloke completed last Monday, and then moved in and the first he knew was when neighbour started building a wall on land.

The land is the width of the house, so his has no garage on (may do later on) his (??) land.
Thanks for the replies.

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Registry Fixer – PC Registry Cleaner
A:Sounds like a classic case of WHY charges are entered onto the LR – to prevent situations like this. I'll bet the sale of the land was done 'on the cheap' without solicitors. Also the current owner needs to be very cautious if people have built garages on the land that is now his. He may face claims for 'adverse possession' depending on how long the garages have been there.

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Registry Error Cleaner
A:Agreed, the neighbours been ripped off.

Be nice to him and tell him you're going to do everthing you can to help him get his money back.

Remember, you have to live next door now!

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Registry Kit – Best Registry Cleaner – Fix Registry Errors
A:It sounds like the neighbour has been swindled by the defaulting borrower. If the land and the property are on two separate titles, the mortgagee in possession may not necessary have been the owner of the land – this would depend entirely on whether the borrower used a mortgage to purchase the land, and if he defaulted on the payments.
Mortgagees' solicitors are meticulous, and would not have advised the purchasers sols that they were selling two titles if they were not. Your friends son really needs to contact his solicitor and fnd out which titles he definately bought. The neighbour should do the same.

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RegServe – Best Converting Registry Cleaner !
A:I'm sure it's your work colleague's son who owns the land now, especially with those Transfer documents. When did he complete?

If the neighbour bought 'properly' then a basic Land Registry search would have shown charges on the property. No solicitor in their right mind would allow a purchase to take place without undertaking from the vendor's solicitor that the charge would be released. If it was done properly, then the neighbour need to take it up with his solicitor as someone has been negligent, IMO.

Otherwise, he's thought he's clever and simply bypassed the conveyancing process and tried to lodge the sale with the Land Registry and it's backfired big time. It seems very late in the day, if repossession proceedings were in place, for a voluntary sale of land or property to take place :confused:

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