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My partners daughter is in the process of buying a house. It turns out that the bottom half of the garden is owned by someone else and their name is on the land registry.

 

The people selling the property have had unrestricted use of this part of the garden for at least 25 years.

 

The mortgage company are now debating that their valuation was based on the whole garden and now this has come out they are procrastinating over the offer.

 

What are the rights here, can my partnes daughter claim this as abandoned land (if that law exists). 

 

Help appreciated

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You should get the sellers of the property to register the bottom half of the land as their own property on the basis that they have adversely possessed it. If they are unable or unwilling to do this then I think you should reconsider your position.

You certainly should not pay a price for the property based on questionable ownership of half the garden.

In terms of whether a law exists in respect of abandoned land, read up about adverse possession.


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agree with BF, the vendor should contact the owner of the land and apply for adverse possession if they have enjoyed it without permission and if permission was granted they need to secure its purchase or transfer before your daughter buys the place.

If that cant be done tell her to walk away. all of the problems currently in the news about the building developers ripping people off with leases  only occurs becuse some idiot buys them at full whack with such terms in place.

I jave a friend who buys problem properties but he never pays much for them,  probably about 60% of supposed market value. that is where she wants to be if she carries on as is.

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