Defective transfer of land
Discussion
Dixy said:
Surely the only 2 people to be sweating should be the solicitors who clearly were incompetent. One of them should be about to pay out compensation.
Yes but to who? Not the Farmer, there is no info or evidence he has suffered any loss here. The new owner could be considered the victim of vexatious litigation and/or incompetence.https://www.gov.uk/guidance/vexatious-litigants
4x4Tyke said:
What is their rational/justification?
Anything beyond pure greed?
Since posting I've learned a little more.Anything beyond pure greed?
Allegedly there's some other dispute (not sure if it's in relation to the boundary or an easement etc.) that is getting in the way of another disposal, so their solution is to unwind the transaction and reunite the two parcels of land.
However I'm absolutely convinced that they are going about it the wrong way, both ethically, and in terms of getting the result they want.
Please keep up. Your question about registration is superfluous. The OP has already said so in his second post on page 1.
Furthermore, as the mortgagee will have registered a charge on the property, do you really believe that it would not have checked the change of title to the mortgagor?
Furthermore, as the mortgagee will have registered a charge on the property, do you really believe that it would not have checked the change of title to the mortgagor?
For what it's worth, I can't see the neighbour getting anywhere either. I'd hope that if the facts are as presented, a court would laugh it out of the room.
But get professional help. You might need it 1) to stop the nonsense in its tracks and 2) if you can't stop the nonsense for any reason, to think about remedies that might be available against the conveyancer who acted on the purchase if they failed to spot an incorrectly executed transfer and follow it up.
What might help if all else fails is that even if the neighbour can get round the issue that your friend is now the legal owner of the land (assuming he is the registered proprietor at the Land Reg), there would doubtless have been a contract for sale too. The contract, contrary to what was said in a previous post, does not have to be executed as a deed - that's just the transfer. Upon entering the contract your friend gained an equitable right in the land (an estate contract) which can be protected by an appropriate notice, in normal circumstances. It would of course be unusual for a registered proprietor to register such a notice against his own land but I don't know of any reason why it couldn't be, off the top of my head. Your friend's solicitor will advise on the best way to sort this out with any appropriate fall-backs though, I'm sure.
It's also worth bearing in mind that the transfer registered at the Land Reg might my one of two signed by the two vendors (if I've picked things up correctly). If your friend/his conveyancer who acted has the other counterpart on file where the second vendor's signature was witnessed correctly, it'd be absolutely the end of the issue.
But get professional help. You might need it 1) to stop the nonsense in its tracks and 2) if you can't stop the nonsense for any reason, to think about remedies that might be available against the conveyancer who acted on the purchase if they failed to spot an incorrectly executed transfer and follow it up.
What might help if all else fails is that even if the neighbour can get round the issue that your friend is now the legal owner of the land (assuming he is the registered proprietor at the Land Reg), there would doubtless have been a contract for sale too. The contract, contrary to what was said in a previous post, does not have to be executed as a deed - that's just the transfer. Upon entering the contract your friend gained an equitable right in the land (an estate contract) which can be protected by an appropriate notice, in normal circumstances. It would of course be unusual for a registered proprietor to register such a notice against his own land but I don't know of any reason why it couldn't be, off the top of my head. Your friend's solicitor will advise on the best way to sort this out with any appropriate fall-backs though, I'm sure.
It's also worth bearing in mind that the transfer registered at the Land Reg might my one of two signed by the two vendors (if I've picked things up correctly). If your friend/his conveyancer who acted has the other counterpart on file where the second vendor's signature was witnessed correctly, it'd be absolutely the end of the issue.
How long ago did it happen? 10 years or more would presumably allow for squatters rights as they'd have acted as owners of the land for that time (although no doubt they'd try and object - although land registry would ask the owner (not farmer) that question as thats who's on record)
Edited by JonV8V on Tuesday 4th October 16:58
JonV8V said:
How long ago did it happen? 10 years or more would presumably allow for squatters rights as they'd have acted as owners of the land for that time (although no doubt they'd try and object - although land registry would ask the owner (not farmer) that question as thats who's on record)
Even if not, he's got an overriding interest (assuming he's actually living there) because he's a person with an equitable interest in actual occupation.And if it's less than 6 years since this all happened, he will be able to counterclaim for breach of contract (failing to transfer the land as obligated). And costs. See you in court
Why are farmer's generally the tightest people eva?!?
3 of my wife's uncles are farmers in Lincolnshire and all are worth a fortune.
They are all late 60's early 70's but are just as tight and miserable as ever.
They seem incapable of actually enjoying what time they have left.
Their kids are quite capable of running the farms themselves (all aged 35+)but they refuse to hand over any responsibility to them.
3 of my wife's uncles are farmers in Lincolnshire and all are worth a fortune.
They are all late 60's early 70's but are just as tight and miserable as ever.
They seem incapable of actually enjoying what time they have left.
Their kids are quite capable of running the farms themselves (all aged 35+)but they refuse to hand over any responsibility to them.
GreatGranny said:
Why are farmer's generally the tightest people eva?!?
3 of my wife's uncles are farmers in Lincolnshire and all are worth a fortune.
They are all late 60's early 70's but are just as tight and miserable as ever.
They seem incapable of actually enjoying what time they have left.
Their kids are quite capable of running the farms themselves (all aged 35+)but they refuse to hand over any responsibility to them.
This is something that I have noticed also. Perhaps the sense of identity and the asset rich/cash poor thing3 of my wife's uncles are farmers in Lincolnshire and all are worth a fortune.
They are all late 60's early 70's but are just as tight and miserable as ever.
They seem incapable of actually enjoying what time they have left.
Their kids are quite capable of running the farms themselves (all aged 35+)but they refuse to hand over any responsibility to them.
casts their character.
Just seen. If there was a contract (12 for land iirc but not 100%) between the parties irrelevant waste of time and resources. How long ago did transaction take place? Depending on time there are many potential avenues to explore which could easily result in the claim being defeated in whole or defended in court.
Farmer has to be spectacularly fortunate with many stars aligning to have snowballs chance on face of it assuming third party arms lenght initial transaction.
Guess from speed read and spotting other issue some daft dick gave away land they should just have granted easements over or the like.
Farmer has to be spectacularly fortunate with many stars aligning to have snowballs chance on face of it assuming third party arms lenght initial transaction.
Guess from speed read and spotting other issue some daft dick gave away land they should just have granted easements over or the like.
Edited by Rude-boy on Wednesday 5th October 23:46
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff