Were the buyers getting the correct property in this Conveyance?

One of the advantages of modern House Conveyancing in Derby is that property titles are usually registered at the land registry. The registration includes a plan, and Solicitors instructed on the House Conveyancing will send a copy of this to buyers so that they can confirm that this correctly shows the land they are acquiring.

In the majority of cases this will be correct, but sometimes problems do arise with Conveyancing in Derby. This may be because a home owner has acquired additional land from a neighbour, which has been registered separately. In such cases the problem is easily solved once a copy of any additional title is obtained.

However when Conveyancer Gemma Fargusson was acting for the buyers of a home in Bright Street,  Ilkeston, Derby, DE7 8NH she found that the problem appeared to be that either there was too much land or that the title supplied did not relate to the correct property.

The sale of this house had been negotiated by local agents Elder and Twells of 14 Market Street, Ilkeston, Derby DE7 5QA and Conveyancing Solicitors Pickerings of Tamworth were handling the Conveyancing in Derby for the sellers. They sent Gemma the contract and copy of the registered title together with the information forms which the seller had completed.

Why checking the title plan during House Conveyancing is important.

The register described the land as being “land at the back of ...” and did refer to any building, so Gemma immediately raised enquiries about this. Although the seller’s Property Lawyers replied that the plan was correct, but following further discussions with their client they realised that the house had in fact been erected by him, and they sent Gemma a copy of the planning consent, building regulation approval and warranty documents.

It turned out that the address which had been used in correspondence was in fact incorrect, as a new number had been allocated by the local council. The contract and transfer documents were amended as necessary, and when the purchase was completed Gemma informed the land registry so that they could amend the records accordingly. The purchaser was grateful to Gemma for sorting everything out so that the same problem would not arise in future.

As cases have been known when the wrong land has been transferred, it is very important for buyers to check that the property is correctly described and delineated before completion.

Get an online quote now for your House Conveyancing, or call Fridaysmove on 0330 660 0286.