Small strip of land causing massive leasehold issue?

Small strip of land causing massive leasehold issue?

9:59 AM, 17th December 2021, About 2 years ago 17

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I am looking for advice/support please for a colleague whose property sale is being compromised by a leasehold issue. Can anyone suggest a way forward or recommend a legal specialist who may be able to assist, please?

The circumstances relate to a small strip of land at the side of the house. When my colleague bought the house (leasehold on a new build estate) around 20 years ago, the leaseholder advised her verbally that she was free to use this thin strip of land as it was banking at the end of the estate and of no use to him, and that she was free to put her garden fence up to include this land. Obviously, with hindsight, this was a little naïve, but this was over 20 years ago and was taken at face value of a kind offer at the time with no further issue given consideration.

Fast-forward to the present day, and my colleague now needs to sell this property due to a relationship breakdown. She has found a buyer and found a new property for herself, but this chain is now in danger of breaking and causing her considerable stress, as the leaseholder of the land has refused to sign the necessary legal documentation.

The issue the leaseholder has is that my colleague landscaped this strip of land, which he says was done without his written permission. My colleague accepted this as a misunderstanding and has at her own cost reinstated this to how the land was when she bought the property. The leaseholder is still not happy with this as he says any services running under this area of land may have been compromised due to earth movement and is therefore unwilling to sign the paperwork which would allow my colleague to complete and move house. He wishes to know where she is should he need to come asking for future financial compensation in the event of any issue.

Clearly, she has offered to provide him with a forwarding address, and her buyer obviously wishes this issue to be finalised before completing but is not willing to wait forever. This has been ongoing for several months now. I have advised her to try to obtain indemnity insurance, but she has already tried this and is struggling as every specialist insurance company she has spoken to has said it is unable to assist – as she is trying to obtain insurance on somebody else’s land.

The leaseholder already has his own insurance on this land but does not want to claim on his insurance. He states that him taking out specific insurance and my colleague paying for it are not an option either. He is insistent that there is some form of insurance that should cover my colleague for a period of 5 years, in case anything goes wrong. When informed that this does not appear possible to arrange, he states that he won’t settle for anything else other than a cash payment of an unknown amount at this time.

He simply does not want her to move. This land was reinstated over 18 months ago, and he has verbally accepted that had there been any issue it would most likely have occurred by now but is still unwilling to budge. Can anybody provide any advice or recommendations for specialists to provide a way forward with this, please?

Thank you

Ian


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Comments

land law

9:50 AM, 18th December 2021, About 2 years ago

Adverse possession changed in 2002. So in most cases 12 years is now irrelevant. Unless can prove 12 years complete before 13 Oct 2003, this route is closed
There was a possible route under the new law (after 2003), but as a previous poster said, the land has been reinstated, so that route is almost certainly closed.
The issue seems to be the freeholder objecting because of something that happened on the freeholders land. So freeholder is raising objections.
It’s either specialist advice or purchasing an insurance policy for your buyer - so THEY are insured against a future claim by the freeholder.
No one can stop you selling your land (eg the leasehold) if you can find a willing buyer. They - the objector - might threaten/initiate legal action based on some sort of claim, but that is a risk. So, I guess it’s legal professionals being cautious - that’s their job.
Take advice

TrevL

10:32 AM, 18th December 2021, About 2 years ago

She could just move the fence back onto her
Boundary line, sell the property and get on with her life.

Sounds like they never really got an agreement on the transfer of the land (it wasn't officially transferred) so it's not hers anyway, she just thinks it is.

SCP

15:40 PM, 18th December 2021, About 2 years ago

"Adverse possession"
Please look at the Land Registry's useful Practice Note.
The "12 year old rule" is now ringed with conditions.
However, your friend has accepted that she does not own it, and has reinstated it - therefore, she cannot claim adverse possession.
The owner of the strip has no say in whether your friend can sell her leasehold interest (minus the strip of land, which is not part of the leasehold any case).
Your friend can safely sell to anybody who is a willing buyer of her leasehold interest.
A problem arises only if the Potential Buyer wants that strip of land.
Your friend has to say I cannot sell you this strip of land, but you can negotiate with XYZ.
I can and will sell you what I own as shown by the Office Copy Entry of the Title registered at the Land Registry.

Ian

9:55 AM, 20th December 2021, About 2 years ago

Thankyou to all who have taken the time to post your replies, it is very much appreciated and extremely useful.

I will ask my colleague to get in touch with some of the suggestions mentioned.

BernieW

15:48 PM, 20th December 2021, About 2 years ago

Reply to the comment left by Julie Harman at 17/12/2021 - 12:04
Thank you, Julie

melanie dufton

12:08 PM, 23rd December 2021, About 2 years ago

Hello

I am the person that is having this issue. Thankyou for your replies. I am still no further forward at this time.

melanie

melanie dufton

13:04 PM, 23rd December 2021, About 2 years ago

Reply to the comment left by BernieWales at 17/12/2021 - 11:31
Hi Bernie
Would you possibly be able to contact me about this issue please? My contact email is:

melanie.dufton@sky.com

Thanks in advance

Melanie

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