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piazza |
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piazza Brolly Dolly
Joined: 23 Aug 2008 Karma :
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Posted: 09:34 - 08 May 2017 Post subject: Buying a garage/land |
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Hey, looking for same advice as regards the above. It's a garage that was part of someones house and had been sold on a few years ago. The guy that onwed it died and the family want it sold on, all are in agreement apparently.
I've pretty much made up my mind that I'm buying it tbh, just worried about ownership and legalities. Is there anything I can do to check things myself, and who would do the paperwork..solicitor presumably? Any ideas on costs or timescale? I'll be a cash buyer.
I had thought of asking for ID from the guy as I'm meeting him at the garage. Is a deposit a good idea as I think there may be a neighbour interested too!
Meeting him at 5 today, but Im free all day and wanted to expedite things if possible.
Cheers! |
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BTTD |
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BTTD World Chat Champion
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doggone |
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doggone World Chat Champion
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Posted: 09:47 - 08 May 2017 Post subject: |
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Especially if it's actuually attached to another house or in their garden(?) there may be some pitfalls about access and other things mere mortals cannot comprehend.
You need a solicitor and it's likely they will charge in the region of £1000.
But it may be money well spent.
Current owners may be amicable because you are paying money but what happens if the rest of it is sold and new owner isn't happy... Solicitor |
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angryjonny |
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angryjonny World Chat Champion
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piazza |
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piazza Brolly Dolly
Joined: 23 Aug 2008 Karma :
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Posted: 10:42 - 08 May 2017 Post subject: |
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The garage has it's own access from the street and is not attached to anything. It's freehold apparently, and I should probably mention I'm in Scotland.
The garage was sold years ago to the current owner who passed away last year. It was part of someones garden previously.
A grand seems a lot of money for a sub 10,000 sale ffs I might drop into the local shopping area and see if theres a conveyancing solicitor there, I'll flatter the receptionist they're probably wise to the fees anyway.
I'm guessing this is not gonna be finalised in a week..
Patience..I have none!
@ angryjonny I had you on block list, but seen your reply. Thanks for that! |
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Rogerborg |
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Rogerborg nimbA
Joined: 26 Oct 2010 Karma :
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Posted: 11:12 - 08 May 2017 Post subject: |
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Before you put any money of your own in, I'd want to know that the seller has clear title to the land. If they can't show you something from the Land Registry, what makes them think that they own the land?
For all you or they know, it might still be registered to Dead Guy ("Aye, but Uncle Shuggy wud pure hae left it tae me in his will if he'd haed wun") or he might have bought it on a handshake and never had legal title to it. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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piazza |
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piazza Brolly Dolly
Joined: 23 Aug 2008 Karma :
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Alpineandy |
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Alpineandy World Chat Champion
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Polarbear |
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Polarbear Super Spammer
Joined: 24 Feb 2007 Karma :
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Posted: 12:47 - 08 May 2017 Post subject: |
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Agree with everyone above. As much as I dislike donating money to shysters (I like that term ) when it comes to property and land I wouldn't dream of giving anyone money without a solicitor checking it out. ____________________ Triumph Trophy Launch Edition |
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piazza |
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piazza Brolly Dolly
Joined: 23 Aug 2008 Karma :
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Posted: 12:58 - 08 May 2017 Post subject: |
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Thanks guys! I'd only be leaving a deposit if he had clear title and I had been at his house, seen passport etc, but the relevant people would be used to seal the deal as it were.
I've bought a property before but never paid fees etc - the good old days - so no idea what they'd be. It's always a good idea to poke the BCF when stuff like this comes up....always learning
Hopefully I'll have some good news tonight. |
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Rogerborg |
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Rogerborg nimbA
Joined: 26 Oct 2010 Karma :
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Posted: 13:56 - 08 May 2017 Post subject: |
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piazza wrote: | Soooo should I ask to see a grave or a death certificate? |
That doesn't tell you anything unless you know who actually owns the land.
The current seller might honestly believe that it's them, because they honestly believe that it was bought by their dad and title plus access rights have transferred outright in a clear, unambiguous way.
Either belief might be incorrect.
Chances are this won't be an issue and it'll be fine on a cash-for-keys-and-handshake basis. But that's how it might have been sold to dead dad as well.
If title isn't crystal clear in the land registry then some 3rd party could rock up in future telling you to get off of their land, and ultimately there's not a lot you could do about it. Stramashes can be had over boundaries being off by inches, let alone whole sub plots being sold on. Consider an inheritor of the house that the garage used to (or maybe still does) belong to, or a outfit that they've sold the whole plot on to for development, who could bulldoze the lot before you're even aware of what's going on.
I loathe solicitors with a passion and believe that conveyancing attracts the laziest, lowest skilled, most incompetent parasites of the lot. However, I wouldn't drop anything close to 10 grand on land without getting one involved, if only so that I'd have someone to sue for professional negligence if it all went sporran up later. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike
Last edited by Rogerborg on 15:39 - 08 May 2017; edited 1 time in total |
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piazza |
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piazza Brolly Dolly
Joined: 23 Aug 2008 Karma :
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Posted: 14:27 - 08 May 2017 Post subject: |
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I dont think a handshake and keys would do it for me - I did laugh at hearing that from you tho - It is the kinda thing that should be relatively simple, you'd think anyway..
If he has no paperwork I'll walk away. Probably |
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Alpineandy |
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Alpineandy World Chat Champion
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Pete. |
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Pete. Super Spammer
Joined: 22 Aug 2006 Karma :
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Posted: 19:50 - 08 May 2017 Post subject: |
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Land/property brings the devil out in people worse than being in a car. My mate lives in a cul-de-sac and asked his neighbour if he could buy a tiny slip of land OUTSIDE his fence - between the fence and the road - because he couldn't easily get his car and caravan round the tight turn into his drive alongside the house. Although the neighbour did not need or use that land for any purpose he flatly refused a couple of grand for it without even giving a reason.
Later my mate did some work on his house and during the planning he discovered that he actually owned it anyway, so he was going to buy his own bit of ground back. He went out there to level it and lay a bit of tarmac. The neighbour came out in a rage and promptly got the paperwork stuffed in his face ____________________ a.k.a 'Geri'
132.9mph off and walked away. Gear is good, gear is good, gear is very very good |
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piazza |
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piazza Brolly Dolly
Joined: 23 Aug 2008 Karma :
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Posted: 20:27 - 08 May 2017 Post subject: |
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All went well, that is to say he seemed legit, no paperwork but apparently that's not exactly unusual. A price has been agreed and assuming I can get the legal side done for about £500 it'll be a done deal. Garage isnt in great condition, but theres room for another car or 2 in front
I spoke to someone locally who quoted me nearly a grand, though she did say that they operated a fixed fee and it's not in my favour with such a cheap purchase price. She also told me not be be dissuaded with little or no paperwork as it would most likely be held by an bank or similar.
The guy said his solicitor would do both his and mine for a discount and he'd pay half the fee. I'm not doing that don't worry
The fees seem pretty clear from what I can see, there's more to pay for bank transfers and a few other things that arent relevant to me so £500 seems reasonable for my purchase. I have found a few online with quotes as above just need to call to confirm. |
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BTTD |
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BTTD World Chat Champion
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piazza Brolly Dolly
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Diggs |
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Diggs World Chat Champion
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Posted: 09:13 - 09 May 2017 Post subject: |
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You'll almost certainly need a Land Registry-compliant plan as it is unlikely that the garage will have been Registered in isolation from the main area unless it was purchased in a separate conveyance. You may find that the on-line conveyancer will ask you to source your own plan and that it will cost in the region of £100 if no site survey is required.
If you struggle in this respect, pm me and I'll sort one for you. ____________________ Now - Speed Triple, old ratty GS550, GSXR750M
Gone (in order of ownership) - Raleigh Runabout, AP50, KH125, GP125, KH250, CBX550, Z400, CB750FII, 250LC, GS550, ZXR750H1, Guzzi Targa, GSX750F, KH250 x2, Bimota SB6R and counting... |
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piazza Brolly Dolly
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Diggs |
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Diggs World Chat Champion
Joined: 03 Apr 2007 Karma :
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Posted: 10:18 - 09 May 2017 Post subject: |
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pm sent ____________________ Now - Speed Triple, old ratty GS550, GSXR750M
Gone (in order of ownership) - Raleigh Runabout, AP50, KH125, GP125, KH250, CBX550, Z400, CB750FII, 250LC, GS550, ZXR750H1, Guzzi Targa, GSX750F, KH250 x2, Bimota SB6R and counting... |
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Rogerborg |
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Rogerborg nimbA
Joined: 26 Oct 2010 Karma :
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Posted: 10:47 - 09 May 2017 Post subject: |
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piazza wrote: | Diggs! the land was bought from the house owner |
Sorry sound like a broken Tef, but that's what you've been told. The chap may be honestly and entirely convinced that he's got title to it, while at the same time be honestly and entirely wrong about it.
"Paperwork" could mean a copy of a Land Registry transfer clearly showing the garage and access being transferred to the person who currently wants your money.
Or it could be an undated envelope saying "Money for garage at 62 West Walloby Street" with an incomprehensible scrawl on it.
Hopefully Diggs can help to make it crystal clear what you need. I'd just stress that you should only be giving money to someone who can show you conclusive evidence that they have clear title to the land - including the access!
I !stress! that last bit because my step-dad got into a right barney when he started building on a plot that he'd owned for years. The neighbour took the huff, claimed that he owned the access to it, and blocked it off just out of spite. It was sadly ambiguous on the registry and after wasting four figures on solicitors (who said "sadly ambiguous on the registry"), he ended up just buying the guy off for another five figures.
As Pete says, people can go full Lord of the Flies over "their" land, so please go in with your eyes wide open. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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piazza |
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piazza Brolly Dolly
Joined: 23 Aug 2008 Karma :
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Posted: 11:34 - 09 May 2017 Post subject: |
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I appreciate all the comments and advice and I'm taking it all on board.
There was never gonna be a time I just payed without the correct
procedures in place ...much as I might have been tempted
The guys just off the phone and his idea that his guy sorted it all and I'd just need a solicitor to sign it off was bullshit, I was paying half his fees: £500 and my solicitor cost. I did some phoning around.
So now he's saying that if I do need to get my own conveyancer and can't/won't be paying half his fee he's upping the price to cover it. He also failed to mention that the 500 was exclusive of VAT
He now has interested parties and he's gonna adjust the price accordingly, his 'mate, solicitor' sounds like a dick! I implied as much too.
I told him my figure was fixed and that's that. He's gonna get back to me later and let me know what's happening.
Not greatly happy, and the conveyancers havent got back to me yet to confirm I can actually get the price quoted.
Thanks for watching my back! |
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piazza |
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piazza Brolly Dolly
Joined: 23 Aug 2008 Karma :
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Posted: 12:12 - 09 May 2017 Post subject: |
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Just got a callback from a local solicitors who confirmed that I need the full conveyencing - which I know now- But! he did say he'd do it for my figure.
I'm not gonna call the guy back I'll let him get back to me later if he wants my money |
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Rogerborg |
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Rogerborg nimbA
Joined: 26 Oct 2010 Karma :
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Posted: 13:59 - 09 May 2017 Post subject: |
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I'd treat it as a problem that you can work out together.
Hopefully Diggs is sorting you out (why so secretive?) but Dead Dad's Son needs to either have:
1) Already transferred title in the land to himself. Pennies to pounds he hasn't done this, or else he'd have a copy of the new title deed to hand.
or
2) Give you a copy of the court confirmation from Dead Dad's estate. Which will be great if the land is registered in Dead Dad's name, but I'd bet he hasn't verified that.
Before he tried to flog this land off, he should have done (and paid for) his own land registry check to find out whether he's actually got an asset. It sounds like he's expecting you or some other buyer to contribute to the cost of finding that out.
So, it's really a simple enough question, no aggro: "Can you show me that you have title to this land, or that your dad did and that title has passed to you?"
If the answer is anything other than "Absolutely, here is the title deed in my name / the title deed in Dead Dad's name plus the confirmation of inheritance," then that's a no, he can't show you. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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Spamalittle |
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Spamalittle Scooby Slapper
Joined: 15 Nov 2012 Karma :
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Old Thread Alert!
The last post was made 6 years, 353 days ago. Instead of replying here, would creating a new thread be more useful? |
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